Loading...
HomeMy WebLinkAbout1983-12-07 Council PacketCOUNCIL PACKETS /983 . . . ........ Kenai City Council Meeting Packet December 7, 1983 Plus additional notes AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 7, 1983, 7sOO P14 PLEDGE Of ALLEGIANCE A. ROLL CALL 1. Agenda Approval ! ,- B. PERSONS PRESENT SCHEDULED TO BE HEARD C. PUBLIC HEARINGS -j 0,j 1. Ordinance 902-83 - Increasing Rov/Appne - Engineering for Police Addition $107,492 2. Ordinance 903-63 - Increasing Rev/Appna - Engineering for Library Addition - $107,492 3. Ordinance 904-83 Establishing Tenancy Requirements - Airport Terminal 4. Approval of Liquor License - Renewal - Little Ski No .5. Approval of Liquor License - Renewal Casino Bar and Casino Liquor Store D. MINUTES 1. Regular Meeting, Nov. 30, 1983 4 CORRESPONDENCE E. F. OLD BUSINESS 0. NEW BUSINESS 4-4 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 905-83 - Increasing Rev/Appno State Library Grant - $0,650 4. Ordinance 906-63 - Increasing Rev/Appna - State Fire Training Grant - $3I Do 5. Ordinance 907 11 -83 - creasing Rev/Appni - Library Donations - $590 6. 681196"t -SabJ4e" Granath to Johnson CIIAP 0, G IF iqw. ' 'arwr."`-ate'-.'. V+r1'i '-.r' H. REPORTS ... . 1. City Manager .._.: 2. City Attorney Mayor 4. City Clark S. Finance Director 6. Planning & Zoning 7. Harbor Commiaelon 8. Racroottoon Commission 9. Library Commission PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT A IF U F COUNCIL MEETING OF COUNCIL MEETING OF .l DECEMBER 7, 1983 INFORMATION ITEMS 1 - Mayor Memo, Items for Work Seesionas Capital Improvements 2 - Pay Estimate #6, Zubeck, Haller, Evergreen, McKinley, 3rd, 4th, 27th, 32nd; Sewer, Water, Streets 3 - Engineer Memo, Sprucewood Glen Subdivision (Progreso Report) 4 - Borough Agenda, 12-6-83 Meeting S - Borough Clerk Memo, Elections Report 6 - Notice of Utility Tariff Filing, KUSCO, Relocation Cost Adjustment 7 - Land Manager Memo, City Population Estimate 8 - City Revenue Report (Distribution) r 1 ! •. 1 , _ _ ram- •r-. - - .� - - CITY OF KENAI "dCap" 4A"" P. O. IOX NO KINAI. AMIKA 90611 TILI►NONI 900 • 100 December 7, 1983 To$ Council 0-d FROM1 Janet Whelan City Clark RE1 Harbor Commission Meeting Dec. 6, 1983 At their Dec. 6 meeting, the Harbor Commission reviewed the TAMS report on the Fredrickson proposal. MOTION: Commissioner Quesnel moved, seconded by Commissioner T. Thompson, that the City engage TAMS to go ahead with the proposal. Motion passed unanimously by roll cell vote. jw . r • .J .s ... CITY OF KENAI " Del G?ajadai 4 4"01 P. O. BOX NO K1NAI, ALASKA 99611 11t11140N1 211 - 7875 December 7, 1983 Us Council �f � r ;% r FROMs John Williams ��j�` Chairman, Harbor Cdimmission REs TAMS Report, goat Ramp_ We are plesse0 with TAMS work. We recognize the difficulties of the City Engineering Dept. in overseeing the task. The Harbor Commission feele the boat ramp was built according to our desires and under the terms we expressed in the beginning, and reasonable efforts have been put forth by TAMS and the City to see it done properly. The Harbor Commission is satisfied with the project as submitted. The Commission, after due consideration of the cost of the project, has determined that possible reasons for overruns and higher than anticipated costs were due to lack of bidder interest and competition for the job; and the job itself being a specialty project in that it dealt with marine -type construction (which is viewed differently by bond companies)p and the fact that most contractors in the local area were relatively busy with other projects and unable to get involved with marine oriented projects due to inability to bond for it. jw r••.�/ • Hlr. •. a .. s •,1� :r. 9 CITY OF KENAI " d Capdd 4 4i4dd" I. 0. 60% 600 KINAI, ALA6KA 9%11 T6Lf/NON1 766 • 7676 December 7, 1983 MEMORANDUM TOs Kenai City Council FROMs W"Ed eff Labohn, Land Manager REs Lowry's Lease - Portion of Sprucewood Glen Subdivision Mr. Lawry executed a lease agreement with the City of Kenai on September 23, 1963 for 8.808 acres of City -owned lends within Sprucewood Glen Subdivision. The lease authorized the construction of commercial offices and multi -family residential units to be developed in accordance with a three-phase construction schedule. The overall time schedule for the proposed development is as followss Beginning Dates'.. August 1903 - June 1984 Completion Dates December 1983 - October 1984 Phase I development inclildes the construction of eight multi -family residential buildings and construction on commercial Tract "�". The lessee has all eight residential buildings under construction at this date. However, rc development of the commercial tract has been initiated. Required roade and utilities to this portion of the lease premises have been substantially completed (reference City Engineer's memo dated 12-1-83). The Kenai Advisory Planning do toning Commission initiated a rezoning request (General Commercial to Urban Residential) for the portion of the leased property to be developed for multi -family residential unite. However, action on this request has been held in abeyance pending plans by the lessee to utilize some of the small Iota for commercial development. Mr. Lowry to delinquent on his lease payment for half of November and all of December, 1983 per Finance Department. JL/dg 1 � r ■ C-� Suggeuted by: Administration CITY OF KENAI ORDINANCE NO. 902-83 4i I ' AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $107,492 IN A NEW CAPITAL PROJECT FUND ENTITLED "POLICE ADDITION" FOR EN- GINEERING DESIGN SERVICES. WHEREAS, the City has asked the State of Alaska to help finance an addition to the City Police department facility, and WHEREAS, the City desires to begin design of such a facility now, In advance of the construction financing, and WHEREAS, $214,984 remains of the 1974 Refunding Bond Issue in the i category designated for a civic center complex, and I , WHEREAS, Resolution No. 71-12, which called for the election for the issuance of the bonds, specified that if all the projects could not be constructed with the available bond proceeds, then ' the Council could construct those improvements which they found " to be most necessary, and WHEREAS, the Police Station was specifically identified as one of the eligible improvements to be constructed as a result of this E. bond issue. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1s The City Council finds that available bond proceeds do not permit the construction of a civic center and that the Police addition is a most necessary improvement. Section 2: The following increaads in estimated revenues and appropriations be made: Police Addition Capital Project f Increase Estimated Revenueo: � 1974 Refunding Bonds 1f17 492 1 - Increase Appropriations: _. Admssisut rai ton $ 1,492 Enqineering 106,000 0 0 j� i li o I _ 1 I it � � r Ordinance 902-83, Page 2 F h PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, thie 7th day of December, 1983. iYOM WAGUNERp MAYOR ATTEST: Janet a an, City Clerk i First Readings November 30, 1983 Second Readings December 79 1983 Effective Dates December 7, 1983 - Approved by Finances 1 ' J - r- t I . i Suggusted by: Admititstration CITY OF KENAI ORDINANCE NO. 903-83 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $107,492 IN A NEW CAPITAL PROJECT FUNn ENTITLED "LIBRARY ADDITION" FOR EN- GINEERING DESIGN SERVICES. WHEREAS, the City has asked the State of Alaska to help finance an addition to the City Library department facility, and WHEREAS, the City desires to begin design of such a facility now, in advance of the construction financing, and WHEREAS, $2140984 remains of the 1974 Refunding Bond Issue in the category designated for a civic center complex, and WHEREAS, Resolution No. 71-12, which called for the election for the issuance of the bonds, specified that if all the projects could not be constructed with the available bond proceeds, then the Council could construct those improvements which they found to be most necessary, and WHEREAS, the Library was specifically identified as one of the eligible improvements to be constructed as a result of this bond issue. NOW, THEREFURE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1s Thb City Council finds that available bond procee a do not permit the construction of a civic center and that the Library addition is a most necessary improvement. Section 2s The t'ollowing increasesi in estimated revenues and appropriations be modes Library Addition Capital Project. Increase Estimated Revenues: 1974' Refunding Hondts 107�9 li►erease Approprint ionni Admitiiatvat ton $ 1,492 Eng ineur itig 106.000 07 49' 0 71 Ordinance 903-83, Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 1983. OM WAGONER, MAYOR ATTESTS 'Jane he en, City lark First Readings November 30, 1983 Second Readings December 7, 1983 Effective Dates December 79 1983 Approved by Finances �'-a I I 1 I ' - FIRST DRAFT CITY Of KENAI 210 iIOALGO KENAI, ALASKA 99611 • '-=�,ux,;�ti�tiAti�i�lif�t�+�'±iW�!!�a CONTRACT OOCUMENTS REWING 101- + " •_ KENAI MUNICIPAL' Al-OPORT . r?itow TERMINAL Oif t SHOP CONCESSION V F ' ILI Ic 'ri a 1 _..- V 1 � t 4 � • 1. _ - ■ FIRST DRT INVITATION FOR SIDS GIFT SHOP CONCESSION TERMINAL KENAI MUNICIPAL AIRPORT Sealed bids for the exclusive right to operate a gift shop concession at the Kenai Municipal Airport wi!1 be received at the City offices, 210 Fidalgo, Kenai, Alaska 99611. All bide must be received no later than 200 p.m., prevailing local time, on , 198 , at which time and place they will be publicly opened and read." Side may oleo be matted to City of Kenai, 210 Fidelgo, Kenai, Alaska 99611, but must be received in the office of the City Manager, no later then 2tOO p.m. prevailing local time, on , 196, to be considered. All interested parties, Including Female and Minority Business Enterprises, are encouraged to submit bid proposals. No person shell be excluded on the grounds of race, color, religion, sex, or national origin. The contract being offered is designated so the Gift Shop Concession Agreement and to briefly summarised as follows, I. CONCESSION TERN, The rights to operate the gift shop concession shall begin on , 190 and terminate on , 198�, (— years, —` montR;. 11. PRENISES, a. Concession Storage Space, ( square feet) i b. Administrative Officeat ( square feet) i C. Retail Spaces That area shown cr Exhibit attached hereto end incorporated herein, south of the baggage area ( square foot). III. RIGHTS GRANTEOt The exclusive right to operate a gift shop concession and sell gift merchandise in the Kenai Municipal Airport Terminal Building. IV. CONCESSION FEES, The succeesful bidder will be required to pay a monthly concession re- .,quol to the GREATER of the followings a. Fifteen percent (15%) of the concessionaire's monthly gross sales. no b. The minimum monthly rent guarantee offered by the successful bidder. EU.-nii k j n i _ I 1 � . r. , FIRST DI ,T V. MINIMUM 8101 The minimum acceptable bid will be a rent guarantee of per month for each month during the term of the agree- ment. VI. BID OEPOSITi A bid deposit in the amount of must be submitted with each bid proposal. -"�— VII. BIDDER QUALIFICATIONSt In order to participate in this bid offering, a bidder must be able to demonet rate that since January 1, 1970 he hoe had at least three (3) years of direct experience in the operation of a retail merchandise sales business with gross sales of at least per location per year. VIII. ADVANCE GUARANTEE PAYMENTSi Upon award of the contract, the eucceesful bidder will be required to execute the contract and pay to the City the minimum rent guarantee offered by the successful bidder for the loot month of the contract term, lose the bid deposit already submitted. A pre -bid conference for all potential biddere will be held at City Hall, 210 Fidalgo, Kenai, Alaska, on , 198 beginning at 9800 a.m., prevailing local time. a conference will be conducted by the City of Kenai Airport Manager and will include a general information briefing, a question and answer session and an Inspection tour of the gift shop concession space In the Terminal. The bid documents manifesting the terms and conditions of this concession offering mby be examined and/or obtained from the City of Kenai Airport Manager, 210 Fidalgo, Kenai, Alaska 99611 (Telephonei (907) 283-7951). The bid documents include the Instructions to Bidders, the Specimen Concession Agreement, the Bid Proposal Form, the Bidder's Affidevit Form, Bid Question- naire, and this Invitation for Side. ALL BID PROPOSALS MUST BE MADE ON FORMS FURNISHED BY THE nITY. The right to hereby reserved to reject any and all bid proposals and to waive any defects when, in the opinion of the Kenai City Manager, or his official designee, such rejection or waiver will be in the beat Interest of the City. In addition, the City hereby reserves the right to readvertise for Bid Proposals or to reschedule the bid opening, if such action is desired by the State. OATEi m. Jo Brighton City Manager city of Kenai 'P t. t m x r FIRST D KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP CONCESSION AGREEMENT ., ....,I s;.-. .,, ...r.� �..y, ,.•.y TABLE 0FCONTENTS PACE NOS. INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . . . .+ ' BID PROPOSAL . . . . . . . . . . . . . . . . . . . . . .+ AFFIDAVIT . . . . . . . . . . . . .+ '"' ;• BIDDER'S QUESTIONNAIRE. . . . . . . . . . . . .+ _s.. .._ _.._.. SPECIMEN CONCESSION AGREEMENT . . . . . . . . . . . . .+ INFORMATION APPENDIX . . . . . . . . . . . . . . . . . .+ - •-ram%:. ',.;' - .".= -- .f _ - ��';.�:,;.� I I ! =- '�% "�%•- %,'.. .: _ PLEASE CHECK THIS 010 PACKAGE IMMEDIATELY UPON RECEIPT TO ,.. . INSURE THAT YOU HAVE IN YOUR POSSESSION ALL OF THE DOCUMENTS b . '.•'-;J LISTED ABOVE. THE CITY MILL FURNISH BIDDERS WITH A COPY OF ANY MISSING DOCUMENTS UPON REQUEST, BUT ASSUMES NO RESPONSIBILITY SHOULD ANY OF THE REQUIRED DOCUMENTS BE MISSING FROM ANY BID PACKAGE - CITY OF KENAI ¢.;._...p -• __.....; :, 210 F1oaLco KENAI, ALASKA 99611 1 1 : ' a� E, INSTRUCTIONS TO BIDDERS GIFT SHOP CONCESSION AGREEMENT KENAI MUNICIPAL AIRPORT TERMINAL BUILDING 1. BID PRE• OPOSALS1 All Bide must be made on the Bid Proposal form furnished by the City (attached hereto), moat be properly executed as provided thereon, and be addressed and delivered to the office of the City Manager, City of Kenai, 210 Fldalgo, Kenai, Alaska 99611, no later than 2t00 p.m., prevailing local time, on ty , s Bide may ale, be mailed to the City Menager, 196 Kenai, 210 FideIgo, Kenai, Alaska 99611, but must be received at - the office of the City Manager no later than 2$00 p.m., pro. + veiling local time, on , 199 `, to be aonoldered. Each Bid Proposal must be submitted in a sealed envelope name and which is clearly marked on the outside with theeiTiTder's the following label$ - ... - "Gift Shop Concession Bid -Kenai Municipal Airport" ,, To be complete, a bid proposal must consist of the fol- _„•. ,• _ lowing$ A. A completed, signed, and notarised Bid Proposal (Pages to B. A completed, signed, and notarized Affidavit (Pages " C. The required Bid Deposit. D. A completed and signed Bid questionnaire (Pages to No late or telegraphic bide will be accepted. When received by the City, all bide become tha property of the City. When bide are ,penod, all bid proposals and supporting documents and etatemente become public information. II. BID REVISION/WITHDRAWAL$ _ A bidder may withdraw or revies a Bid Proposal attar 1t has been deposited in the office of the City Menager, 210 Fldalgo, " Kenai, Alaska 99611, provided$ A. the bidder submits a written request for return of hie bid proposal. (The request must be signed by the - bidder, or a duty authorized agent or officer of the bidder, and notarized.) Nei%wt 3L► �,i•Xrirn.b�wi-,r�wax: �!�r+t B. the City is able to clearly identify the bidder's sealed bid envelope by reading the bidder's name on the outside. No bid envelope will be opened for bidder Identification or any other reeaon prior to the time eat for formal bid opening. C. the withdrawal or revision is completed prior to the time set for opening bids. No telegraphic bid revisions or withdrawals will be accepted. lei r a 'L• ..•rer��t4'•�i�,�+�icrl�sdel:ilt}:.;!y�.� • - fir' FIRST DRAFT 111. BIDDER QUALIFICATIONS: In order to submit a bid, a bidder must be able to dem- 008trate that he has at least three (3) years of direct experience in the operation of a retail merchandtoo sales business with gross sales of at least per location per qualifying year. Further, the bidder must be able to demonstrate that the three (3) years of required experience occurred within the period of December 1, 1978 to December 1, 198 , and that the bidder wao the principal operator of said bueineo Tee). (Please rotor to the Bid questionnaire for specific requirements.) IV. BID FACTOR The minimum acceptable bid will be a cent guarantee of --per month for each month during the term of the contract being offered. Bidders are permitted to bid different minimum monthly guarantees for each year of the term provided that the total annual minimum guarantee or sec o ears two rouq ve (�) of Etl'e ooN ract term does not exceed d one hundred erE en percen A o_the prior year e total m n mum guarantee* V. REJECTION OF 010 PROPOSALSt Bid proposals may be rejected under any of the following conditionst A. If they show any alterations, erneures, irregularities of any kind or additions not celled for; if they are conditional or incomplete; or If they fail to comply with any of the requisite conditions. B. If the bidder to in arrears in any payments owing to the City or to in default of any obligation to the City; or fe a defaulter as surety or otherwise upon any i obligation to the City; or hoe failed to perform faithfully and diligently any previous contract with ; the City. ; C. If the bidder fella to demonstrate that he hoo the experience required under Item III (Bidder ouaiifleet Ions) above. In addition, the City reserves the right to reject any or all Bid Proposals and waive any defects when in its opinion ouch rejection or waiver will be In the beet interest of the City. The right to reserved by the City to reschedule the bid opening or readvertlee for Bid Proposals if ouch action is desired by the City. i I Vt. 6I0 OEPOSITs All Bid Proposals must be accompanied by a certified check ! or cashier's check on a solvent financial Institution doing business within the United States of America, payable to the City of Kenai, in the amount of The City reserves the right to cash ouch check end hold the proceeds thereof pending { the award of the concession contract. i 182 I FIRST DR r., IT VII. rONTRACT AWARD$ A. The contract award, if made, will be made by the City Manogav for the City of Kenai, or his official designee. ..L.,• B. The bidder must be capable of performing all of the terms and conditions of the contract being offered. The City may request the bidder to furnish additional Information, including financial information, to determine if the bidder is qualified. C. In the case of any discrepancy between the words and figures in the Bid Proposal, the words shall govern. 0. The contract sward, if made, will be to the highest responsive qualified bidder booed upon the followingi 1. The total minimum cent guarantee to be paid to the City during the term of the contract. 2. The conformity of the bidder to all of the terms, conditions, and prerequisites set forth in the bid documents. VIII. EXECUTION OF CONTRACTi A. Execution of Agreement - Within fifteen (15) calendar .,..»nl+r�tsaaysp�..urna�iwvMyxr days after the successful bidder has received the agreement for signature, the bidder must sign and return the agreement together with the guarantee advance stipulated under Item IX below. Upon execution of the agreement by the City, the successful bidder's bid deposit, together with the guaranteed advance, shell be credited against the minimum rent guarantee payable by the bidder under said agreement for the loot month of the contract term. a. Failure to Execute Agreement - Failure to execute and return the agreement, together with the guarantee advance, eo that they are received by the City within fifteen (15) calendar days after the eucoeeeful bidder — has received the agreement for execution shall be just cause for the annulment of the award and for the for - cause of the epoeit to the City. If the success- u der refuses o f 8 r toile to exe cute e and retur n the • advance e agreement together with the required guarantee the City may award the agreement to the next highest responsive qualified bidder. If any ouch bidder to whom the agreement is so awarded refueee or fella to execute „„„a„x,,..,,,,,�,�,.mR,,,,,,•yi and return the some in the time specified, such bidder's bid deposit shall likewise be forfeited to the City. IX, GUARANTEE ADVANCE: The successful bidder must submit an advance guarantee payment to the City when returning the executed copies of the contract as required under Item VII ahovo. Sold advance guarantee payma•lt shall be the last Ponfh'a minimum idnt quaoot theranice contractfered term,by the Joao theccessful bidder'sbidder for $10,000.00the BidlDeposit. of Said advance guarantee must he made by a certified check or cashier's check on o solvent financial Institution doino business within the United Steles of America, payable to the City of Kenai. [0� 1 t ' .1 1 ri J M FIRST DR c* X- RETURN OF BID DEPOSITSi Bid deposits submitted by unsuccessful bidders will be returned to them on soon on possible AFTER the agreement hoe been a►gnod by the successful bidder and tltb�::r, or if all bids are rejected, all hid deposits will be returned. XI. TIE BIDSi In event of a tie bid by qualified bidders, the tie will be broken by awarding the agreement to the bidder who hoe demonstrated the most experience In the operation of qualifying retail merchandise sales huninoes(ea) since December 1, 1970, as determined by a comparison of the aggregate years of verified experience listed by the bidders in their Bid Questionnaire in response to Question No. 6 and No. 7. XII, PUBLIC INFORNATION# All Bid Proposals, including any and all documents and/or statements submitted with a Bid Proposal, become the property of the City when received by the City. Upon the opening of aeeled bide by the City, all ouch information submitted with the Bid Proposal becomes public information. XIII, PRE -BID CONFERENCE# A pro -bid conference for all potential bidders will be held at City Hall, 210 Fidalgo, Kenai, Alaska, on , 198_1 beginning at 900 a.m., prevailing local time.#` eP� conT3-rence will be conducted by the Airport Manager and will include a general information briefing, a question and answer session, and an inspection tour of the concession apace in the Terminal. XIV. OTHER REQUIREMENTS# Bidders are responsible for carefully examining all documents relating to this agreement and judge for themselves all the circumstances and conditions affecting their Old Proposal. failure on the part of any applicant to make ouch examination and to investigate thoroughly shall not be grounds for any claim that the bidder did not understand the conditions of the Bid Proposal. All bidders should also thoroughly familiarise themselves with the concession site conditions. XIV. GENERAL CONTRACT INFORMATIONt A. The City of Kenai to offering an opportunity to do business at the Kenai Municipal Airport and does not in any way guarantee a profit for the operation of the Terminal gift shop concoaolon. B. The affective date of the contract shall be , 198 - However, the rights to operate the conceoo on sha1T not begin until , 198 _, and shall terminate , lgo C. tr during the term of the contract being offered the successful bidder requests additional space, the City may lease additional apace to the oucceanfut bidder, provided the City determineo that said space to avail- [ B-f I - •,4 `:c`ifs%!��!+�[��cfas•-��asa�j+f"m�t�rt?,a ram- _—_ __.. t.' . •.wrceU.'cir:n+t,,;,..;�.a .,-sir: I - . U •, i �r i l i• FIRST D able and warranted. If apace were made available it would be tanned to the successful bidder at the City's then current terminal rental rate. If the additional apace in to he used for concession retail purposes (as contrasted with administrative office space or warehouse apace) said apace will be loosed to the successful bidder under written amendment to the concession contract. In the event ouch apace is added to the premises, the minimum rent guarantee offered by the successful bidder will be increased by the then current terminal rate for each square foot of added apace. If the additional apace to to be used for administrative office or warehouse purposes, the apace will be leased to the successful bidder under separate agreement at the City's than current terminal rental rate. In any event, any lease or amendment for additional apace will be subject to public notice and other requirements of law relating to the leasing of City airport terminal space. 104 q ' . L:, M r FIRST KENAI MUNICIPAL AIRPORT t TERMINAL BUILDING CONCESSION AGREE14ENT (GIFT SHOP CONCESSION) BID PROPOCAL i PLEASE PRINT THE FOLLOUINGs Buoineoa Name of Bidder . . . d/b/o (if applicable) . . . . Submitted by. . . . . . . . . Title 4 Bueineae Mailing Addr000 .'r�?^••.�.'a:tivi:;tiiriiti'�«':2ii'1".i�r�rw��4� � ' . i Telephone No. . . . . . . . . ' 1 I ' SP-1 i i 4 i r u t it SfI-WMANPMI 10SAMWS:'I^^s+Vi6tM1Yf9vtf� --- T`9VP.�.%e:ks µ'sNd1�Y✓4 ,eAatr„rrp:'/. A(.;� r 7 6 , r t G . NIST DRAFT n 11 nnnhG�Ar ROM NIllnellpA `IAjilpOWT1RMINA1. n1111.01NG CONIT59100 A11N1:ENEN1 (nif f 911010 CONCB951(m) MV-- City of Ker►al 210 Yidoign Konal, Aloolrn 99611 Goodlomonl One, unrhrraIgood (ppruon, portaorvirlp, Joint vanturn, norpnratlon), hurellnoftar onitod the lilddor, boroby offoro to ontar intr► n Gift Ghap Cononoolon Agroomant covering oortoin rlghto and prlviloyoo at Iha Kona# Nuniotpol Airport need within the Ke(101 Municipal Airport Torminoi (ju#idinri, In eunnoutin" with thin offor thu Iliddor affarfl In pay tho followlnrl m"eethiy mlaimom rent guorontoo (oubJo"t to thn poruuntagn of groat) onto" foao In tha ogrooment)l (1) A rnlnimum rent qunreentoo of dollorn (f por onlendnr month for tho pr►rtvd�lpvfY`i'; fi4lT1i h igh April 1, 1900, (i/) A minimum rent quarontoa of dollaro (Id`ppuo nee oar nv rnon ► ar the purled pr riij)i rough April 1, 1906, (Duet; not a(r000d MS of (1) abovo, j (111) A minimum rant quaranto" of, doll orn (f ) �or onlandar month for thn porlvd`�fdugqt► April 1, 19U7, (Done not orrnnod 110% of (11) ohevn,) (tv) A min/mum rout gnnranton of dollaro (1) ) per oolondar month lot the parlfld pr�i�i', U9sCri'reillgh April 1, 1960, (Dona trot oxvood 1109 of (Ili) nbovo,j (v) A minirnnm rant quarontea of dollaro por flniondnr month far tho porifld ti`1� cii"%itifl7j Crrnurr��to April 1, 19o9, (Dun" not o"uond Mb of (1v) nhovo,) (vi) Did 1`11010t • the total mlfl#(vum quuruntoo offorod by tho Dlddor fur tho ___ moolho of tho vantrnvl lorRrt fibiCiivif�� _-- --.. .� •� th►o oflor to model ofibJont to ihn tr►rmn find flonditloon of the Invttnlloto life Olds Actor# _, 19G , and tl►e Inot rout lone l it1#lddnrq atoll !ipiritrrneir rivnnnIOn Agroomnnt iaurnrd by tho City life port or the hid oflorlrul for ihn ouh,jonl Gift Ohup Con0000lwn Agronmelnl 111�.2 I J n F - .- — t i, . p f a , r - . b�sWwliMil'w!�4/,�i!llt�+t�!f.'(r,/�nrY!9Yxf/� 3. ., "'i .avArYy,/iAlr., •/uq.'.r•t,�M�,r',�v11�e6,htalt is i f. cc E.r d � , 1 FW 1' J)A rr Atinehed heroin and muds o pnet of thin offer are the folluwl►rdl 1, Affidavit oxenotnd by the Olddor. 2, Complalod and olgeod Bid Guootlonnolre. fermi >f, Old depoolt in the amount of In the following A certified or oaohlorlo abook on a anlvoet financial Inntitutien doing bnuinoon within the United Atotoo of Amovion, pay"hle to the Cltyy of Konel, The Bidder hereby ooknowledr an the P,1 t y to ri(pht to each annh ohnok Immudlnlntyy followinn bid opening and to hold the procoodo thereof uat11 the "word proanoo to eomplotod. Within fifteen 0 9) Calendar dayo oftor ronnipt of notloe and aneopianno of offer by the City of Kennt, tho Bidder will aNnouto and dolivor the Agrooment0 togothor with the required Guarantee Advonca, too Airport Nnnogorr City of Kono$, 21tt fidalgo, Nonni, Alooko 99611, !fold Guorontoo Advnnuo will be the minimum root guarantee offorad In thin Bid Prop000l for the loot month of the oontroot terra and will he 1n the form of o Certified or onnhior'a ohook an a aylvont financial Inotitution doing buol0000 in the Onliod Gtotoo of Amovloe. It to underatood and ogrood by the Bidder that failure to exeouto and rotorn the aonaeoeloe agrnomont, together with the Ouarantoe Advnnne payment, In the time apnoifled ohell oaeotltuto e brodoh of this; offer on the port of the Biddorl and that upon euah bronah the doponit haroleabove referred to ohall be forlolled to the Gtato, Time to of the oaoonoo in the oxooution and porfurmanoo of tho obligntinen under thin agroomont, (919n and Not ar i xa Pogo ,,,,r,) BV- l ' a �`iltl+lt�rri i 'rt•.:�.P�1r �h'Pli. lib;•. ir�;t,.5f fr.;..'(� 7%lrl,,ruJ 141 I ' a , r,t . I i 'FIRST DRAFT 1111s rffr,r may be nueepted or rojnaled by the City of Kona1 by writt0n netleo to the Ridder at the addreea Meted on Pago _. (CORPORATE UAL) Rtncoruly# ame o 1 #Inq atpara on, Company or Person qns uro y CORPORATE ACKNOWLEOGEMENTI STATE Of ALASKA JUDICIAL DISTRICT ) THIS IS TO CERTIFY that sit this day of r 190 r before mar the undorsignodr 0 iTo n ary Publ andof the Stoic of.rr duly aommtssienad and sworn# personally appeared known to mo 0r1 o mo nawn o o e 0 o aorporo on w o execs ed the QTUhin Ino(FUff-u-61—f-and he acknowledged to me that he executed the oame for nt authorized nby said d on hcorporotion 00alf of said rtotdos oanand h dthatthe corporate at he le y seal affixed to said instrument is the corporate seal of said corporation. WITNESS my bond and official 0001 the date and year in this osetifieote first written above. Notary Publiii In and Vor Hy Commission Expired INDIYIOUAL ACKNOWLEDGEMENTI STATE OF ALASKA joe 311DICIAL 0161HICY ) r— THIS IS TO CERTIFY that on this day of r 19R before mar the 0ntloceigned# a go PuH a n an of the Stoic of r duly commissioned and sworn# personally appueted known to me and to me known to o e peroon o name il6ce n ondF who executed the foregoing instrument, and (her oho, they) aeknowlodged to me that (he, shop they) signed the come as (hie, hero their) fcou and voluntary oat and deed with full knowledge of Ito acntonto, for the sous and purposes therein mentioned. t OP-4 • Y . V - -- ter,..: - _ /5 r - i 1 1 � .. ...! IN WITNESS WNERrOF, I havo horounio not my hand and offixod my official oael tho day and your ohovo Mritton. Not cry Puhlia in un3 For My Commlooion Expireos i i i OP-5 r: ! n r � 1 r MOST DRAFT Moot:N g A:ringif being rivet duly owarn dop000e and Duyai • [. the Affront (no Bidder or on roprooentative or a/ricer of Bidder) hen aornfully oxnminod all documuote relating to the Gift Shop Conc000lon Agreement for the Terminal Building located on Kenai Municipal Air port$ I[. the Bidder acknowlodgen that all the documonte and ototemento submitted with the Bfddor'o Bid Prop000l become the property of the City when vocoived by the City avid became public in/ormation once the bid to oponodt III. the Bid Prop000l filed herewith to not made in the Internet or or on behalf of any undioal000d poroon, partnarohip, company, Decantation, organization, or corporation$ IV. the bid to genuine and not collusive or ohom$ V. the Bidder hou not, directly or indirectly, induced or solicited onyy other bidder to put in a roloe or ohom bid and hoo not directly or indirectly colluded, conopired, connived, or agreed with any bidder or anyone aloe to put in o sham bid, or that anyone oholl refrain from bidding$ VI: the Bidder has not in any monnor, directly or indirectly, caught by agreement, communication, or conference with anyone to fix the price of the bidder or of any other bidder, or to fix any overhand, profit, or coat element of ouch bid price or that of any other bidder, or to oecure any advantage agoinat the City of Kenai or anyone intorootod in the proposed Conaoonion Agreement$ VII. all statemonto contained in the bid and oupporting doeumento are true$ VIII. the Bidder hou not, directly or Indirectly, oubmitiod hio bid price or any breakdown thereof or the contonte thoreor, or divulged information or dotoo relative therato, or paid or agreed to pay directly or Indirectly, any money or other valuable conaideration for noolotance or aid rendered or to be rendered in procuring or attempting to procure the Conaenoion Agreement above referred to, to any BA-1 I - l , i f i '• l ■ 0 w 7 FIRST DWT aorporotlan, partnorollp, nompany, association, organisation, or to any mumbor or egont thereof, or to any other individuall 19. the Bidder will not pay or agree to pay, directly or tndiroatty, any money or other voluablu consideration to any corporation, pnrtnarohlp, company, nsnoeiation, or to allyy member or agent thoroof, or to ony ather lndty Wools for old or onatatanco to nocuring the agroomont above referred to in the event the name to nwarded to the Hldderl %. the Bidder to not In arrears in any psymento owing to the City nor to he in default of any obligation to the Cityl nor to he a default or ua suretyy or othorwine upon any obligation to the City# nor has he failed to perform faithfully and dillgontly any previous contract with the City. Signed att on this _day of Signoturel litio i Subesrlhed and sworn to before me , a Notary Public in and for the State of , on Me day of 178 0 ory Y 0 StatO of My Commission xp reel BA-2 �c- — �ii��reefi+ oNST DR►A►FT KENAI MUNICIPAL AIRPORT GIFT SHOP CONCESSION TERMINAL BUILDING 010 QUESTIONNAIRE All information requested in this Quoatiannalro moot be furnishod by the Bidder, and moat he oubmitted with the bid. Statomonto must be complete and accurate and be presented in the form requested. Omiasiona, inocauroctoo, or mtootatomento in s Bidderro Q000tionnntro may, at the diocrotion o/ the City, be grounds for rejection of a bid. 1. Name of the Bidder exactly no it to to appear on the Conc000lon Agreements 1. Meilinq addruoo of the Bidder for contract administration purponoos 3. The Bidder, if selected, intendo to operate the concession as (check one)t ( ) Individual ( ) Joint Venture ( ) General Partnership ( ) Corporation ( ) Limited Partnership 4. If the Bidder will operate the concession no a partnership or joint vent urag attach a copy of the partnership or joint venture agreement and answer the following quootionos a. Name, mailing addruoo, and share of each partner or joint venturers Nome Address Share b. Dote of organisations c. Agreement recorded sit aunty u scin to etas � 0 o onto 00-1 t ` I a F�RsrA r d. if portnorohip, or joint vonture to rogiotorod with the State of Alooka, Department of Commerce, otato date of ragintrations S. If the Bidder will operate the eonceealon ao a corporation, anowor the followings Of Cato lncorporatods i In what otate? b. If corporation to rogiatorod with the State of Alooka, Deportment of Commerce to do buoinoae in the State of Alooka, elate the dote of rogiotrations c. Name, mallinq addreoo, amount or stook held (number and typo), and experience in the retail ealee buoinoea of the following corporate officero and Board of Directore memberos CORPORATE off 1i:ERS Preeidents Name Addreeo Stock Experience Vice -Presidents Name Addreeo Stock Experience RQ-2 4 � I l 4 I� FIRST DST SeereinryI Name Addronn Stock Experience Lroduuro,Ls Name Addroon Stock Experience BOARD OF DIRECTORS Chnirmnns Nomo Addr000 Stock Exporionco Members Name Addr000 Stock Experience Bq-3 i I ss i i I Final DRAFT Momhor► Nome Addrnun Stock Expurionco Members Name Address Stock Experience Members Name Address Stock Experience I I d. List the five (5) stockholders owning the largest amount of stock in the corporation (OX01111ding corporate officers and members of t oh�onrd—of Directors already listed undo Ouostion No. 5(c) above). indicate name, mailing address, and number and typo of ohoreo held. Norco Addreso Stock N umo Addroon - - — stock SQ-A �7titlitifhlliift`'AI'i1' . 'S .H'...!RY6f1•.�'A+�'`c•'/'M�f-S/�/l�fYl{/GI:.71t;itli t i� ' G FIRS r DRAFT Name Addr.,on Mack Name —--�- -- Addroon Utook 6. Attach it dno"r►ptinn of Inc n-n r n t retail setae oon000"ion(n) which tho blddor ,ne uparalod ninoo January 1, 1970. tent only than" on -airport erne"nnlenO which g",roratod Orr,nc ion nn in oxenuo of $100,000.90o ge colander your. The doourlpllon munt include the llowing in/ormation for rpsh atrpn-ru oononaalen llotodt a. Airport name. b. The anlar,dor your•n during which the 0000000lon �oneratod annual Orono ooloo oxnanding 1UU,UtlU.tlO+. o. Thu actual roan Bolen • gAnaratnd by the eoneoonlon groan the calendar yonto listed in accordance with paragraph (b) above. d. The mailing addroon and tolophooe number of the , agency rouponoiblo for the operation of the airport, Ingather with tho namn of the airport " manager or other agency content who will be Ohio to J confirm the accuracy of the ounneaolen data furnlahod by the bIddor in rouponno to thin Quootion No. 6. • Notot All figurou muot be in 0.0. dollars an valued during the calendar your to whiuh reference to made. �. No in lotion edJuotmont for intervening yearn is to bo included. 7, Attach o doourlptlun of the off -airport retail action buoinooa(en) which the Iliddor ,ao operated ninon January 1, 1979. Lint only thong off airport buoineon(oa) which geouratod grace noloo to exoeoo of i $100,000.000 par calendar year pot oingto location. rho dooaription Myof Inoludo the following information for i ooah ouch bug naacr a. Location - Street nddreant city slid otato (country, It not located in iho USA). b. Calendar yearn during which the buolneoo gonorotod annual groeo vol"u exceeding $100,000.009. U. The actual Arose onlon+ gonorotod by the ooncenoinn for the eolurodur yo"rn llniod in nenordonen with paragraph (b) obove. 0Q-4 tlfly 0' DRAFT d. Iho Mal I,nq ndrlroun tolophttno number, and anntool ttamo for a manlelpnt garncnment ngonoy, CPA firm, or olhor Inr)npanrlont nnurne(n) that call aanfirm the ooaurnoy Of !ha data fnrninhnd by the bidder in rnnpnnnn to thin Quotation No. 9. • Not ai All figures mual he in U. R. dollora no valued durinq the unlondnr year to which refornnoo in mod". No Inflation adjuatmont for intarvoning yoara to to be includud, I1, financial Ralurnnut►ot Attach a liot or at lonot two (2) banko or other finonclal inetitutiono with which the bidder ro►ulnrtyy dOOO busineao. Include nomo and nddronn aj the I►onku or lnatitutiono oe well 09 the nomo and lot opphullo number of on officer of each who con vortfy trio hlddar'o financial ntnndinq. 9, Attach Iinattoinl alatamnntn (bslnncn aheoto and operutfn4 ntatomanto, if available, at annual roporto, the financialto oolatn►mentifar 19021must be Oubseribedand 2by the bidderla chief financial officer and be accompanied by a Cortiffod Public Aauour►tont'a report for that year. If Ilia biddorie 1902 financial etotemont woo not audited by a CPA firm, a copyy of the bldderio 1902 fodorel tax return muot be oubmIled. If the bidder to o now partnership or joint venture, oubmit only the financial etatamontn of the bueittoue entity which moots the experlenos and financial rOquiromonto of this bid offering. the undoruignod hereby vouch for the truth and accuracy of all of the utatomento, onoworo, and reproesntationo made in thin queationnoire, inaluding all supp hereto, lementary at atemente attached (If bidder In a partnership or joint venture, all pertnero Of mombaro of the joint venture must sign, if bidder is a enrporatlmt, the olgnalure of Otto duly outhorised repf000ntetive to nufriciont.) tea• .r .- Title ..r...r, fit to title Tit to Title Tit tit VATEs a ! f' i • � •�r....HE2+r%iidwM?f.�rkiaf�ip� FIRST DRAFT CITY OF KENAI 210 FIDALOO KENAI, ALASKA 99611 CITY OF KENAI AIRPORT CONCESSION AGREEMENT GIFT SHOP CONCESSION TERMINAL THIS AGREEMENT, mode thin day of , 19B , by and hotwoen the City of Kenai—, have lna or ru urre -( no tf;T "City", whose addroso is 210 Fidalgo, Kenai, Alnoko 99611, and Suaanaeful Riddar whose address In uau,,a u i car (I mollMa Addrooa) , hereinafter warred to an the oncrsso onolro�rj; WITNE5SF.TH WHEREAS, the City owns and operotoo the Kenai Municipal f Airport, located in Kenai, Alaska, hereinafter referred to as the "Airport"I and WHEREAS, In connection with the Airport, the City owns the , Terminal Building, hereinafter rofurred to oo the "lorminal"I and WHEREAS, the Cnncoonienaire deotreo to operate a gift ohop ' concession business in cold Torminall and WHEREAS, the Concooalannlre won the ouceeoeful blddor for the exclusive right to operate said gift shop conoeoolon buoin000l NOW, THEREFORE, in consideration of the promisee and ef'the chargoo, face, covenants, and agreements contained horoin, the - parties hereby agree to all conditions so followos ARTICLE I OEFINITtONS For the purposes of thin agreement, the terms listed below will moans t A. "Agroement"s Thin Concession Agreement together with all future amendments or oupplemonto which may be executed by the portion to this Agreement. B. "Airport"s The Kenai Municipal Airport, Kenai, Alaska so it prouontly exiote no of the data of the execution of thin Agreement and as in reflected by the attached Exhibit A, Shoot 1 of 1, dated attached hereto. C. "Airport Manager"i The City'o doolgnated Manager at Konal Municipal Airport. D. "In -Band Horchondlae"s Morahondlou which Urtlted Statoo Cuotomo Service regulotions (Title 19, Cade of Federal Regulations) pormit to be sold under duly or tax free conditions. E. "Torminal"s The Cisy's airline pseaengor terminal building at the Airport, located on ohown on Exhibit A, Shoal 1 of 1, doted attached hereto. SCA-1 I i .o ,,••:wifr!`��rt S?i�*�!tik;t«�+is"�;•+►init�;%ii++dcr'+1 w FIRST DRAFT F. Food and bovorage for "On Prumlous Consumption"t Food and bavorrogo Stoma which are prepared and oerved to the customer for immoittato consumption on, or in the immodinto vicinity of a connounion promises. 0. Food and beverage for "Off Prominou Consumption"t Food and beverage items which are packaged and sold for later consumption by tho customer outuide the Terminal. H. "Promiono"t The Terminal floor apace loosed under this Agreement by the City to tho Concessionaire for the uses authorised in thin Agreement, specifically$ ••o** for conc000lon retail opocel all no ohown on Exhibit "0", Shouts 1 of 1, dated , attached hereto 4nd made a part hereof. I. "Specialty Food Merchandiao"t Food items which have been propneed, packaged, and sold for Off-Premioea consumption only, opeeificallyt jams and jellleet boxed candies, nuto and frul►al fresh, frozen, conned, dried or preserved most and nonfood products. ARTICLE It RIGHTS GRANTED Insofar on the City is legally able to bind itself, the City hereby grants to the Concessionaire, subject to the terms, conditions, and convenants contained herein, full authority to have and to exercise the following righter A. 11 LOSIVE RIGHTSt The City hereby agrees not to permit, nor eon or any right upon, any person or company other than the Concessionaire to exercise the following "exclusive rights"t 1. The exclusive right to use and occupy the Premises for the purposoa authorized heroin. 2. The exclusive right to operate a gift shop concession usloans in the Terminal for the oalo of gift merehandioa tneludingl candy, mope, newepapere, watches, film, photagraphic acesoeoriee, beauty aide, toiletries, sunglasses, curios, jewelry, ivory, toyo, sporting goods, hand crafts, art work, candy bars, clothing, oundriea, traveler's Aldo, ppootearde, Alaskan souvenirs, Specialty Food Merchandioe, cigarettes and other tobacco products, pipes, lightera, leather goods, ydwea, pootearda, and stationary. 3. the foregoing exclusive rights opeciflcally do not Include the following rights and privilogeot a. The note of food and beverage items prepared and ovi.i for On -Premises Cona.rmpr inn. It. The rate of lot -bond merchandise so dofined to Avticla i herein. c. Any and all anloa of merchandise from vending machines or other mechanical devices, including, but not limited to, ouch items ear coffee and soft drinks, inouranca policies. the dlopenoation of cosh, money orders and checko, and the like. SCA-2 e r. a •'•••f.• ...... , '••ice .. .�+!-"�. .. •:t � ,�.f...'�i ` et�w06at1.w;•+R�•1ti+'N�w^t4ii)''viww..�# FIRST DHAFr d. The cute of ice cream and other rearen confections of any kind. 0. The note of U.S. pontago Stomper telex or toletypo 00rviceet copy services, and long distance tolsphone services. f. The onto of any atom or survico for which the City hoe granted exclunivo concooalon rights to others no of -, 198_. g. The onto of Peach floweret potted plants, and other floriot items. h. The operation of any and all mechanical or electronic game devicee, electronic video game deviceet and any like entertainment devices. 1. Use of the Promisee for any purp0000 which the City hoe not specifically authorized the Concessionaire to perform under thin Agreement. B. GENERAL RiGHTSi 1. The right to ingress and agrees and occupancy of the Promises by the Concessionaire, Ito officers, contractore, suppliers, service poreonnel, guest, patrons and invitees, subject to the security rules of the Airport. 2. The right to construct and install all fixtures, equipment and other improvements necessary to operate sold concession, subject to the prior written approval of the City so provided horein. C. RESERVATtONSi T. Other than the merchandise described in subsection A (2) of this article, no other produot, merchandise, or service shell be sold by Concessionaire without the prior written consent of the City. In the event any question or dispute gringo so to the sale of any specific item or category of items on the Promiovar the City shall be considered the final outhority in resolving any oold question or dispute. Decisions tendered by the City in ouch questions or disputes shell be delivered in writing to the Concessionaire. The Concessionaire shell have the right to request a City review of any ouch questions or dleputoo, provided the request is made in writing. 2. the City specifically reserves the right to grant to others the rights and privileges not 0pacifically and Ixcluoively granted to the Conc000lonalre. The rights and privileges granted to the Concessionaire in this Agreement are the only rights and privileges granted to the Concessionaire by ttilu Agreement. The Conc000lonalre hoe no easements, rights, or Privileges, express or implied, other than those specifically granted by thin Agreement. SCA-3 -- , FIRST DRAT ARTICLE III TERM Thin Agreement aholl bo effective beginning , 198 . However► the concession term during which the Conconnionnive to granted the exclusive rights specified under Article 11 heroin and is authorized to operate the concesoion business horeundor ahail begin ens, 198�, and oholl terminate an _, 198`. ARTICLE 1Y RENTS AND FEES ?.. for use of the Promises, facilities► services, rights and privilagee granted by the Agreement, the Concnooionaire hereby agrees to pay to the Ctlyy o monthly Concooelonsire's fee computed as the IfREA1ER of the followings 1. fifteen percent (15%) of the Conceoulonairo's monthly Orono solos. OR 2. (a) A minimum rent guarantee of f • per calendar month during the por o April , 1984 through April 1, 1905. (b) A minimum rent guarantee of f calendar month during the por�pril 1, Igo 9per through April 1, 1986. (a) A minimum rent guarantee of f • per calendar month durinpp the par o pr , 6 through April 1, 1987. (d) A minimum ront guarantee of f • per calendar month during the por, o pr , 1907 through April 1, 1900. (a) A minimum rent guarantee of f per calendar month during the per o pr , 8 through April 1, 1989. 8, The term "groan sales" an used in thin Agreement includes all sales made and all cash and credit revenue of Conc000ionoire whotho: solos are made for cash or on e charge basic, collected or uncollected, without any exclusions whatever except as may be expressly permitted herein, from any buoinono conducted in whole or in part, or upon any orders placed at, or completed by delivery from, on or through the use of the Promises or the rights granted by thin Agreement, and ineludoe charges for all oorvieoo performed or rendered in, on, or through the non of or on orders placed at the Promicoo or in connection with tiny business conducted under authority of this Agreement and include all other income and proceeds from or Incidental to any buoinoeo conducted in whole or in pert In, on, or through the use of the Premioan or in connection with the rights granted by thin Agruement. 5CA-4 s • c i :.. a w.•,r,•! : � %:►t#"'r�e i a u �•r�. •.; l ;; .l i.+� fir.: r'�:1 .r..l�j,t.:••.i..,.'AGMM�Mn• ..q..f nir�.v.t•,•A FIRST DRAFT` Articlos, work, or oorviaee furnlohod to any puroon in lion of payment or In oxchongo for value received to deemed to be a couh onto. The following are exnluniono from thin dofinitioni 1. The di//oronan botwoon the marked onto price and the aetuol onto price in this onoo of dieonunt natal). (Only the not oole prino will he included in "groan oalea".) Z. The amount of any union levant on -called "luxury taxon"t consumer oxaico toxoo, and other similar taxes imp000d byy any federal, atstot municipolt or govarnmontol eutharity directly upon the e'ato e/ morchandioo# now or hereafter, when ou@h tsxoo are added noparetoty to the nalling price thereof and collected from auctomora a1 the time of onto. All taxes moot hu properly recorded and accounted for. NOTE# The amounts entered here when thls freemen► is awarded will be the monthly minimum rent gusrentee !puree stated on the Ouccessful Bidder's Old Proposal. No frnnchloot capital stock tax, Income, or nimiler to* based upon incomo or profits aft ouch will be do due led from 0cana nalos. i. Receipts from the oole of want@ or scrap materials roaulting from Cona000lonoire'o bueineoo in the Terminal Building. 4. Roceipto from the solo or tradn•in value of any furniture, fixtures, or equipment unad upon the Promisee nod ownod by Cane000ionalre, which are not oonoldorod stock in trade. 5. the value of ony morehoadtoot supplies, or equipment exchanged or transferred from or to other locations of buolnoon of Concessionaire whoro the exchange or transfer to not made for the purpose of avoiding a sole by L'oncoonionoire which otherwise would be made at or from the Premises. 6. Receipts in the fore, of refunds from or the value oft merchandise, supplies# or equipment returned to ohipporo# suppliers, or manufacturers. 7. Receipts with respect to any sale where the subject o/ she sale @r sums ppurt thoroof is thereafter returned by the puroh000r to and accepted by Conoeooionoire, to the extent of any refund actually granted or adjuatmont actually made either in the form of cash or credit. B. Receipts from the sale at coat of uniformo or clothing to Concoonionairo'o employees where the unlfnrmo or clothing are roqutrod to be worn by the empleyoeo. The Concounionniro will not be credited with nor allowed to have any reduction in the amount of the groan colon no horolnubove dofinod which rooulto from 5CA-5 • a, I �. "sfrta�it h I' 1 r, i F FIRST DRAF`f any arrnngomonto for Illegol rubntoo or illegal klckbooko or illogal hidden crodito glvon or allowed to Cunt Omura. C. Ilpparr the Onto of morchandino arid other orlieloo which tbo Conc000ionoiro to authorised by the terms of thin Aqroomont to nell, whether for coah or credit, the foes duo the City under the torma of thin Agreement will immediately be vontod in mid become the property of the City and the Concuonionaire will he rooponniblo for thono race until they Ore delivered to the City. 0. The minimum runt guarantee in the amount of f • for the loot month or the contract term shall be due arid payable immediately upon oxecuti�ign a/ thin Agreement by the Con0000loneiro. All other monthly Paymenta thlyto trequired y heCltybyhin theArticle et be ut fifteenth0 5th)dayofdeach calendar month, with the /trot ouch poyment duo on tho flftoonih (15th) doy of 19S . Together with said payment the Conceea ono re o ell submit to the City a certified activity report reflecting conceoolon revenue activity for both the provlouo calendar month and the year-to-date. Each cold report must be In e form ocaeptablo to the City and must ao ef�re__tel otate the Conconolonairo ra roan onion n%eafi'in' iv ue ift me, ep ro 0 oca on acerO e v o onceno ono ce cn the P-r� e� o,- E. Paymonto made under this Agreement must be free from all aIalmo, domando, oat-offe, or counter•claima of any kind against the City, and muot be made inn rash allby check, bank draft, or money order mode payable to the City of Kenai and delivered or moiled to$ Airport Manager. City p/ Ksnol. 21D Pidrtlao, Kenai. AIR oko 9�Tb11—an oio e !n unto o 00 o America currency. *NOTES The amount which hill be entered here when this Agreement is awarded, will be derived from the minimum rent guarantee eteted in the successful bidder's Bid Proposal. F. All of the Concooainnoirelo reporto required by thin article Muni be oubmitted in terms of United Stolen of Americo currency. D. In the ovont that certifiod monthly activity reports are not received by the deadline oat forth obovo, the City may estimate the groeo onion for the unroportod period and may bill the Coricouelonelre accordingly. Eetimatoo uoed in calculating the amount payable will not exceed one hundrod-fifty percent (150:) of the Conc000lonairele grace ooloo for the loot month for which a certified activity report NOD furnlohod to the State. The Concoanionairo remalne reoponoible for oubmittlnq o Corti( Iad activity report for each month rogordluoo of any outimato that may be mode by the City. In the event a certified activity report to furniohed after the 10ouonce of Orly bilitnq bound an an ootimole by the City, the activity report will control and any additional payment or credit (whichever to appropriate) will be made to reflect the difference between the outimatod groan naleo and the actual groan aaloe. SC A-b i ti ■ a f I FIRST DRAFT il. Any and ail renlo, Chargen, loos, or other 00001derotiono which are duo and unpaid of the expiration, or valrrntory or involuntary termination or osncollation of thin Agreement will he a charge against the Conconoionnire and hin property, real or poroonol, (Ind the City will havo ouch lion rights no are generally allows byy low, and nnfarcemont may be mode by the State or its outhorixod agent. I- Intoroot nt 10.511 per annum will accrue and be payable an all route and fees due and unpaid beginning thirty (30) dayo following the data on whlah the rents or rose were due. The amount of Interest stated in this Article may be reviewed and incr0000d or decreased, at the dincrotion of the City, to the than current legal rate entablIshod for Pont -judgment interest under Alaska low. Tho City hereby agrees to give the Concessionaire at least thirty 00) days written notice of tiny ouch increase or decrease. ARTICLE % 8009S AND RECORDS A. In order to provide a satisfactory basic for determining Payments due the City herounder, the Conc000lonsire must ootabliah and maintain booko and records with respect to the operation and services authorised by this Agreement, in accordance with generally 00copted accounting Irinclploo. The Canc00sionsire'e books and records must enable the Conceoolonalro to acouretaly report and the City to oeoliy check the poymonte due the City here- under. 6. The Concessionaire oholl permit authorised ropr000ntativea of the City to inspect or audit the Conceac/onairo'D books, rec.,cdo, and supporting date upon roqquoot at any time during regular business hours. If the Concessionaire alocte to have the audit ft-^formed at a location outside the City of Kesel, the Concessionaire aholl reimburse the City for the audit coots incurred. Reimburooment ohail include roundtrip air end ground transportation from the auditor's duty elution to the location at which the books and records ere maintained no well no pot diem at the than current out -of -State rote for each day of travel and on-oito audit work. Subsequent to the audit, the City will bill the Conc000loneiro for the costs lncurrod and the billing will yo supported by 0 Copy of the travel authorization form than aurrSolt y in use by the State. C. Should oily oxaminationo inopoCtion, or audit of Concessionaire's books and records by City disclose on underpayment by Cone 006i0nolro, the Concouelonolre ehail promptly pay the difforenc, including all Costs Incurred In the conduct of the examination or audit. If the difference 10 Collected by the City through litigation, the Conceonionnice oholl be liable to the City for its full costa and attorneys foeo incurred to collect ouch underpayment. further, the Conconaioneire shell to liable for such full cooto and atiorney'e leas in the event of any legal action to levy on the performance bond under Article VI or any and all actions to collect moniao due the State. SCA-7 Y, w ^ I FIRST DRAFT 0. Within sixty (60) days after the end of each calendar year during the term of thin Agreement, the Concessionaire must furnish tho Airport Manager with a true and accurate financial statement reflecting the Concessionaire's gross ealea derived from business transacted under thin Agreement during the preceding colander your. The statement aiuet be prepared and signed by a Certified Public Accountant. E. In the event the City does not specifically object to the contents of any report of otatement furnished to it by Concessionaire within four (4) years from the date on which the report or statement to furnished to the City, the contents of any report or statement will be » conclusively deemed to be true and correct unless it can be established that the report or statement wen fraudulently prepared. In the event of an objection, the Concessionaire shell preserve all books until the resolution of the objection. F. Concessionaire shall furnish the City with ouch other financial or statistical reports as the City from time to time may require. G. Ail books, figures, recorder reports, statements, etc., submitted to the City by the Concessionaire become public information which to available for public review. ARTICLE VI PERFORMANCE BOND The Concessionaire hereby agrees to post a performance bond In the amount of to ensure payment of the fees during the entire torm or t Is Agreement as stipulated herein and to assure compliance with all covenantor conditions, or provisione contained heroin. Said bond must be provided bi the Concessionaire in one of the following formal A. A performance bond In the amount of $ 00,000.00. Said bond muol be in a form acceptable to the State. The bond must be maintained and renewed by the Cone000ionaire no necessary to remain in fares throughout the term of this Agreement. The bond shall be subject to attachment by the City upon the Concessionaire's failure to pay any foe required by this Agreement within thirty (30) days following the date on which said fee becomes due and payable. Further, the bond shell be oubjec! to attachment by the City upon the failure by the Concessionaire to cure a breach of any of the conditions, covenanter or provisions of this Agreement within thirty (30) days following the date on which the City serves the Concessionaire with written notice of said breech. S. A cash deposit in the amount of to be held by the City throughout the term o thin Agreement without boaring Interest. The cash deposit shall he subject to retention by the City upon the Coneunsioneire'o failure to pay any fee required by this Agreement within thirty (30) days following the dote on which oald fee becomes due and payable or upon the Concesolonatee's failure to cure a broach of the conditions, covenanto, or provisions of this Agreement within thirty (30) days following the date an which the SCA-8 . f FIRST DRAT State serves the Concosstonalre with written notice of said breach. Upon the expiration or termination of this Agreement and performance of all the terms herein, said depoott will be refunded to Concessionaire, less any . U outstanding, unpaid fees due under Article IV of this _ Agreement. C. A time Certificate of Deposit (TCD) in the amount of naming the City as the sole payee for the principal amount shown on the certificate. The TCD must be held by the City where it will remain until maturity. At the time of maturity, the TCD must be renewed by the Concessionaire continuing to name the City se the sole payee until this Agreement expires or is terminated and _. the City hap determined that all rose have been paid and all covenants, condition►, and provisions have been met. Concessionaire shall be shown as the Bole payee for ell i Interest accrued during each period of time the TCD is - issued. At the time of the expiration or termination of - this Agreement, provided all fees have been paid and the ' Concessionaire hoe compliid with all covenants, sonditi0no, and provisions contained herein, the City shall release the principal amount of the TCD to the �:• - Concessionaire, less any outstanding, unpaid fees due under this Agreement. The Concession must furnish the City with a copy or the bond, a cash deposit, or a TCD by no later then March 1, 1984. ARTICLE VII PREMISES The City hereby agrees to deliver the Promisee to the • ' Concessionaire of 198 9 following the execution of this Agreement by hereby the City. eonceesionelre agrees to -.. accept the Premises demieed under this Agreement in their ( then -present condition and "as is". It to hereby understood and agreed by Coneeesionsire that the City's obligation hereunder is limited to making available to Concessionaire, for its uos9 the Premises. Concessionaire acknowledges and hereby agrees that the City mey require, at Concessionaire's expense, expansion of any concession area end/or require the relocation, in whole or in part, or the addition of any ouch area during the term of this Agreement upon a finding that ouch enlargement, relocation, and/or addition Is necessary to provide for a gift shop facility In any area in the Terminal or to otherwise meet the demands of +' :•„i,�,..;yG,,,,;._....,r,,�iz;py j i the air travelling public at said Airport. ARTICLE VIII . CONSTRUCTION A REMODELING f.—'— A. Initial_Conalruelion/Remodeling 1. In an effort to better serve the needs of the travelers using the Terminal, the City has initiated an expansion - ono remodeling project for the terminal. The Concessionaire hereby acknowledges the importance of said project and hereby agrees to cooperate with the City and the City's contractor(a) throughout the project, including those sngmenls or the project which relate to the construction or remodeling of gift shop a retail apace. The City hereby ogroelo to minimize the SCA-9 1 L l+' a , I i r lRSr DRAFr adverse impact of the construction on the Conceselonaire'u business to the extent possible. '. However, the City may not be held responsible by the Concessionaire for lnconventencoa, business ►nterruption, or sales losses resulting from said s construction unless said inconveniences, interruptions, or losses result from proven negligence by the City. 2. As part of the expansion and remodeling project, the City will, at its sole expenses n (a) (b) �. .. 3. As port of the consideration of this Agreement, the Concessionaire hereby egroca to, at its sole expenses I S. General Construction Requirements 1. Any alterations, construction, or improvements desired by the Concessionaire or the Promises must be neat, presentable, and compatible with the ..,._ architecture of the building, as determined by the t City, and must be performed at no coat to the City. 2. Before beginning construction of any improvements on the Promisee, the Concessionaire must first submit .... detailed drawings of the proposed construction and , obtain the written approval of the City. If '• requested by the City, the Concessionaire shell oleo submit architectural renderings of the proposed improvements as well se samples of materiels and colors. 3. City ahell review and approve or disapprove the _ proposed construction and transmit said approval or } ��• disapproval in writing to the Concessionaire. I i „w+vr�•erw�.r ty.r,g...r,.wJ. ++�i 4. within thirty (30) days after completion of any constructions of placement of improvements upon the ° Premioee, the Concessionaire shell deliver to the City detailed copies of so -built drawings showing - --, the location and dimensions of improvements placed - or constructed on the Premises by the Concessionaire. j C. Ownerships 1. Upon the installation of any alru-tural or other 4 concession improvements, including, but not limited to, Interior wells, ceilings, carpeting, draperies, j finished flooring, electrical wiring, air-conditioning ducts and equipment, concession SCA-10 f F.. o i I[`L 1 FIRST Dom' furnishings of ouch nature as cannot, in the Airport Mnnugor'a opinion, be removed without structural damage to the Preminee, and all interior decoration and finichinq erected or installed by Concessionaire upon the Promises, title thereto aholl vest in the City. 2. Title to all furniture, furnishinga, supplies and removable fixtures and equipment shall at all times during the term of this Agreement remain vested in the Concessionaire. ARTICLE IX LEASE OF ADDITIONAL CONCESSION SPACE If during the term of thin Agreement the Concessionaire requests additional space the City determines that said apace to available and warranted, said additional apace will be leased subject to public notice and other requirements of low relating to the leasing of Airport Terminal apace. If additional apace is loosed for retail concession purposes (as contrasted with administrative office apace or warehouse space), said apace will be leaned by written amendment to this Agreement. Except in the cage apace increases which may result from the initial remodeling/construction on the Premises addressed in Article I% herein, the minimum rant guarantee will be increased by the then current terminal rate at the Kenai Municipal Airport for each square foot of added retail apace. If the additional space is to be used for administrative office purposes or warehouse apace, sold apace will be leased to the Concessionaire upon separate agreement at the then current terminal rate at the Kenai Municipal Airport. ARTICLE X REDUCTION OF CONCESSION SPACE In the event the Concessionaire determinee that the use of any portion of the retail concession apace included in the Promisee is not economically feasible for the Concessionaire to continue the operation of Ito concession therein, the Concessionaire may, at the direction of the City, discontinue the operation of its concession business at such location(e) or reduce the apace used for retail purposes at ouch location(e). However, Concessionaire first must be able to demonstrate to the City's satisfaction that discontinuance of concession operation at a specific area or portion of an area to in the City'e best interest. The City may require the Concessionaire to provide financial, statistical, and other data to support the Conceaoionalre'o request for retail apace reduction. In the event that approval is given by the City for the Concessionaire to discontinue the concession operation at a retail concession location(s) or portion thereof, the City may, at Ito sole discretion, allow the Concessionaire to use said area(c) for non -retail uses related to the concession operation authorized under this Agreement (ouch ae office or warehouse uses) or require the Concessionaire to vacate the srea(a) and surran3er them to the City. SCA-11 I i i t y T - 1� - - - - - -_ _ __ -. ..:M6Qiir.�T.���F�Yfe :ivi:.nem.w�'�ti��reri �'` 'G'"-..-�r_f� - .. __ f •^ _ _--il= _... _ • _ - i ` FIST DRM ARTICLE %I CONCESSION-MERCHANDISE/OPERATION OF CONCESSION SERVICES •. Concessionaire understands and agreoo that its operation under this Agreement is a service to airline passengers and the users of the Airport. Concessionaire also understands and agrees iE that the ability of the City to effectively operate the Airport, j and to promote tourism to the City, depends in part upre the quality of Concessionaire's services and the attractiveness of . its prices. Accordingly, Concessionaire shell conduct Its operation in a first-class, businesslike, efficient, courteous, ' and accommodating manner. f Therefore, at all times during the term of this Agreement, the Concessionaire will strictly comply with the following conditions and requirements. i - { A. 8uetnees Devolo mentt Concessionaire covenants to take a reecone a measures in every proper manner to maintain, develop, and increase the business conducted „ • by it and that Concessionaire will not divert or cause or allow by its own actions any business to be diverted y '.. from the Terminal. O. Orderl 0 erstiont The Concessionaire must conduct all opera one en usinene on the Airport in an orderly , and peaceful manner and will not Interfere with other tenants, users, or occupants of the Airport. f �•.1+'�.�s=a'r»�Y^�+^ro+rFh C. Merchandise; Concessionaire shell at all times offer e widest posolble selection of gift merchandise and t maintain sufficient inventories to accommodate customer demand. The City agrees that the selection of merchandise items within the concession rights granted by this Agreement shall be within the Concessionaire's discretion; subject, however, to disapproval by the City if, in its sole determination, the selection of Items offered to inadequate or items being offered are { not within the concession rights granted by this Agreement or Items being carried are not In good tests considering the public nature of the Terminal. The City agrees to meet and confer with the Concessionaire i In ouch cocoa of disapproval by the City, but the Concessionaire hereby acknowledges that the decision _ of the City In ouch cocoa shall he conclueive. O. Mandator Merchendiset As part of the consideration of 7ioreamon , end in addition to other merchandise the Concessionaire offers for sale on the Premises, the Concessionaire must display and offer for sale the f following merchandise at each of its gift merchandise f ,..�-µ--.rw��, :..�..-...•;, :.,;., -;� retail locations on the Pre t.A,. 1. A good selection of qift and souvenir items which have been made in the State of Alaska, including but not limited tot gold nugget jewelry, soapstone, ivory and jade carvings, Speciality Food I Merchandteei and Alaska Native curios, artifacts I and handcrafts. , 2. A good selection of sundry iteme and traveler • convenience Items includinq, but not tioaited tot i cosmetics, health and beauty side, toiletries, f - facial tissueo, patent medicines, and film. 1 SCA-12 I { f i ,• �• t t �. i ^ f 1EIN E. Product QualitYs The City, in entering into this g.eemen , es faremoot in mind to provide the air traveler with fecil►tioa, aervirre, and products of the highout quality. The Concessionaire will therefore handle only merchandise and products which are of highest quality, subject to the continuing review and approval of the Airport Manager. f. Reasonable Pricin s The Concessionaire will also urnie a products and services authorized hereunder to its customers and patrons upon a feir, equal, and non-discriminatory basis and charge fair, reasonable, and non-discriminatory prices for each unit of product or service. All prices shall be subject to the continuing review and approval of the Airport Manager. The Airport Manager's pricing review shall be booed on comparisons of prices charged for similar items in high quality gift ohope located within the city limits of Kenai, Alaska. The Concessionaire may make or give ouch reasonable and non-discriminatory discounts, rebates, or other similar Iypea of price reductions as the Concessionaire may desire to Concessionaire's employees, volume purchases, or other special category customers ouch as airline Crewe, etc. 0. Hours of 0 orations for the purposes of this Article m F e— arec e u ed passenger flights will Includes all regularly scheduled flights all other passenger flights for rhich the Concessionaire has boon given at least seven (7) as lender days notice prior to arrival. 1. The Concessionaire will actively operate concessions authorized by this Agreement no as to best serve the needs of airline passengers. The Concessionaire shell prepare a written schedule of the operating hours and submit the schedule to the Airport Manager for approval. The schedule must provide for operation to serve all scheduled passengers' flights operating to or from the Terminal. 2. if the Concessionaire is able to demonstrate with supporting dais that operating the concession to meet all scheduled passenger flights, is not profitable or economically feasible and is not in the beat interest of the City, the Concession may request a waiver of the requirement to meet all scheduled Plights. The Airport Meneger'e approval/disapproval shell be booed on serving the needs of the public. The Concessionaire hereby agrees to adhore to the schedule of operating hours approved by the Airport Manager. 3. Except in cases of emergencies, the Concessionaire must obtain the approval of the Airport Manager prior to any apocial Periods of retail concession space closure for repairs, maintenance, construction, or other reasons. SCA-13 i � i4 L I i I 'a FIRu'S DRAFT H. Continuous 0 er��atton__s Subject to Subsection (0) of �a H2ih2,�Conceasionaire hereby agrees to operate throughout the term of this Agreement an a continuous basis, uninterrupted by any period of closure to passengers on scheduled pssaenger flights using the Terminal. Provided that the provisions of this subsection will not apply to any period during which the Concessionaire 1s unable to operate his business on the Premises no a result of an act or directive of the City or other higher authority or Be a direct result of a natural disaster which effects the tenability of the Terminal. I. Closure Oame ooi The Concessionaire shall pay iqui eted dsmagen not authorized pursuant to - Subsections (0) and (H) of this Article. Said liquidated damages shell be in addition to normal fees payable to the City by the Concessionaire under this Agreement. J. Sales Recei tei Sales receipts for each and every ea oe raneac ton must be given to the customer. Sales receipts must clearly identify Concessionaire by name, address, and telephone number. K. Automated Accountin E ui ments The Concessionaire Roll ne a an use au ome ed accounting equipment which is acceptable to the City to accurately and completely record all cash and credit transactions. L. Premises Maintenances The Concessionaire shell be responsible For the day-to-day maintenance of the Promisee, including janitorial services and trash collection. The Concessionaire shell maintain the Premises in good repair and appearance and in a safe condition at all times. The Concessionaire shell do or cause to be done without delay all those things which, in the opinion of the Airport Manager, are necessary or desirable in the interest of safety or to maintain the Premises in good repair and appearance. xll PERSONNEL Concessionaire shall maintain an adequate sales force on the Premises and use the utmost skill and diligence in the conduct of Concessionaire's business in the Premises. The Concessionaire shall, in the operation of the concession authorized under this Agreement, only employ or permit the employment of personnel that will ensure a high standard of service to the public. All of the Concessionaire's personnel, while on duty in the Terminal shall be neat in appearance and courteous at all times and shall be appropriately attired with badges or other suitable identification. No personnel employed by the Conceaolonaire while on or about the Premises will be permitted to use improper language, act in a loud, boisterous, or otherwise improper way or be permitted to solicit business in an inappropriate manner as determined by the Airport Manager. The Concessionaire shall select, appoint, and properly train a manager who will be responsible for the general day-to-day operstione under thin Agreement. Such parson must be on out- SCA-14 n ••.ti-..iioh::3.. • .. .:t:Y...!r:.�.or..d4.Ai etending, highly qualified and experienced manager or supervisor of gift shop operations, vested with full power and authority to accept service of all notices, provided for herein and regarding operation of the concession business herein authorized, including the quality and prices of merchandise and the appearance, conduct, and demeanor of Conceasionatre'e agents, servants, and employees. Sold manager shall he assigned to a duty stet ion or office at the Airport whore he shall ordinarily be available during regular business hours and where, at all times during hie absence, a responsible subordinate shall be in charge and available. ARTICLE RIII CITY'S RIOMTS OF ACCESS AND INSPECTION City, by its officers, employees, agents, representatives, end contractors, shall have the right at all reasonable times to enter upon the Premieee for the purpose of inspecting the some, for observing the performance by Concessionaire of Ito ob- ligations under this Agreement or for doing any act or thing which the City may be obligated to do or have the right to do under this Agreement, or otherwise, and no abatement of fees and charges shall be claimed by or allowed to Concessionaire by reason or the a oreiee of ouch right. Except in the case of an emergency, all inspections will be coordinated with the Concessionaire in order to minimize inter- ference with the Concessionaire's activities on the Premises. Concessionaire shell secure City of emergency access to the Premieee either by delivering keys to the Promisee to the Airport Manager or by providing emergency telephone numbers by which Concessionaire or Concessionaire's agent may be reached on a 24-hour basis. Without limiting the generality of the foregoing, the City, by its officers, employees, representatives, and contractors, shell have the right, but not the obligation or responsibility, for the benefit of Concessionaire or for the benefit of others at Airport, to maintain existing and future utility systems or portions thereof on the Promisee, including therein, without limitation thereto, systems for the supply of hoot and electricity and for the furnishing of fire alarm, fire protection, sprinkler, air conditioning, telephone, telegraph, tole -register, and intercommunication services, and to maintain !free, pipes, mains, wires, conduits, and equipment cunoected with or appurtenant to all such orateme, and to enter upon the Promisee at all reasonable times o make such repairs, alterations, and replacements as may, in the opinion of Airport Manager, be deemed neceaoary or advisable and, from time to time, to construct or install over, in, under, or through the Preml000 new lines, pipes, mains, wires, conduits, and equipmentl provided, however, that ouch repair, alteration, replacement, or construction shall not unreasonably interfere with the use of the Premises by Concessionaire and provided further that nothing herein shall be so construed an relieving Concessionaire of any obligation Imposed upon it herein to maintain the conceoeton areas and the improvements and utility facilities therein. At any time, and from time to time, during ordinary business hours, within twelve (12) months preceding the expiration of the term of this Agreement, City by its agento and employees, whether or not accompanied by prospective concessionaires, occupiers, or users of the Premises, shall have the right to enter thereon for the purpose of exhibiting end viewing all parts of the same. SCA-15 IJ s fro, J 51 ARTICLE XIV CITY SERVICES The City covenants and agrees to do the following# A. To maintain the structure of the Terminal, the roofs and exterior walla. S. To wash all exterior windows, and clean and maintain the public areas in the Terminal. C. 10 maintain the electrical, public address, plumbing, and heating systems on the Premises and in the Terminal in good condition and repair except that the City may refuse to maintain any systems installed on the Premises by the Concessionaire and may charge the Concessionaire for any repair resulting from the Concessionaire's negligence. D. The City reserves the right to enter onto the Promisee to make any repair or alterations necessary to the proper functioning of the terminal building without liability to the Concessionaire for any damage to the Promisee. As a result of any entry pursuant to this provision, the City will only be liable for its own negligence and for returning the Promisee to their former condition using standard materials. E. The Conceeelonaire hereby expressly waives any and all claims and holds the City harmless for damages arising or resulting from failures or interruption of utility services furnished by the City herein including but not limited to stoppages in electrical energy, the quantity or temperature of water, apace heating, or for the failure or interruption of any public or passenger conveniences. ARTICLE XV LAMS AND TAXES A. This Agreement is issued subject to all requirements of the lows and regulations of the City of Kenst relating to the leasing of lands and facilities and the granting of privileges at airports. B. At no expense to the City, the Concessionaire will conduct all activities or business authorized by this Agreement is compliance with all tedorals state, local, and Airport laws, ordinances, rules and regulations now or hereafter in force which may be applicable to the activities or business authorized herein or to the uses care, operation, maintenance, and protection of the Airport, including but not limited to matters of health, safety, sanitation, and pollution. The City shell not be liable to Concessionaire for any diminution or deprivation of Concessionaire's rights hereunder on account of the exercise of any such authority, nor shall Concessionaire be entitled to terminate the whole or any portion of this Agreement by reason thereof. SCA-ib L f I ' i - `f ' n T� 4 Y � .. m - -. FIRST np Arr C. The Concessionaire shell obtain all naceasery licensee and permits, pay all taxes lawfully imposed upon the Promtoon, and pay any other fees end charges aeueeeod under applicable public statutes or ordinances• 0. In any disputes between the parties, the Iowa of the State of Alaska will govern and any lawsuit must he brought in the State courts of Alaska. E. The Concessionaire agrees to notify the City of any claim, demand, or lawsuit arising out of the Concessionaire's occupation or use of the Premises. Upon the City's request, the Concessionaire will cooperate and assist in the investigation and _ litigation of any claim, demand, or lawsuit effecting the Premises. f. If City shall, without any foul►, be made a party to any litigation commenced by or against Concessionaire arising out of Concessionaire's use or enjoyment of the Promisee or arising out of the rights authorized by this Agreement and as a result of which Concessionaire Is finally adjudicated to be liable, then Concessionaire shall pay all costs and reasonable attorney's fees incurred by or imposed upon the City in connection with ouch litigation. ARTICLE %VI INSURANCE A. The Concessionaire shell indemnify, defend, and hold the City harmless from all liability, notion, claim, suit, lose, property damage, or personal injury of whatever kind resulting from or arising out of any act of commission by the Concessionaire, hie agents, employees, or customers or arising from or connected with the Concessionaire's use and occupation of the Premises or the exercise of the rights and privileges granted by ►hie Agreement. S. 1. At no expense to the City, the Concessionaire shell secure and keep in force during the term of this Agreement adequate insurance to protect both the City and the Concessionaire in at least the following types and amountat (a) Workers' Compensation Insurance in the amounts and form required by the Workmen's Compensation Act and the insurance Iowa of Alaska. (b) Comprehensive General Liability Insurance with limits not leas than each occurrence Combined Single m o ily Injury and Property Damage, Including Contractural Liability, Personal Injury, Products and Completed Operations Coverages. Said policy shall include coverage of Concesaioneire'e independent contractors. (c) Comprehensive Automobile Liability l.seurance with limits not lcna titan $1,000,000 each occurrence Combined Single Limit Bodily SCA•17 .1 E . Y r l E E 1 FIRST DIET Injury and Property Damage, including Employer's non -ownership liability and hired auto coverages. (d) Property Insurance on Concessionaire Improvements, fixtures, and equipment and Insuring against the perils of fire, Lightning, extended coverage perils, vandalism, and malicious mischief on the Premises in an amount equal to the full replacement value of Concessionaire improvements, fixtures, and equipment. Sold policy or policies shell contain a lose payable endorsement in favor of the parties hereto so their respective Interests may appear. "full replacement value" shall be determined by a qualified appraiser at the time said improvements are Initially insured and shall be redetermined annually thereafter throughout the term of this Agreement. It shell be Concessionaire's responsibility to obtain said redeterminetione. Both Concessionaire and City shell be promptly notified of the results of said redeterminetione and Concessionaire shell immediately thereafter adjust the amount of the Ineurasice coverage to correspond with each redetermination of full replacement value. (a) Grose Earnings Business Interruption Insurance in an amount of not loco than one hundred percent (100%) of gross earnings for the moot recent twelve (12) months paid rental or Minimum Annual Guarantee in fleet year of this Agreement, whichever is higher. Said policy shall cover all Interruptions of business howsoever caused. 2. The Concessionaire shell provide the City with proof of insurance coverage in the form of an insurance policy or a certificate of insurance coverage, approved by the City, together with proof that the premiums have been paid. Comprehensive General Liability Insurance, Comprehensive Automobile Liability Insurance, Grose Earnings Business Interruption Insurance and Property Insurance policies shall be endorsed to provide the followings (a) Name the City as an additional assuredl (b) provide that the City be notified at least thirty (30) days prior to any termination, cancellation, or material change in the insurance coveragel and (c) include a waiver of subrogation by which the insurer waives all rights of subrogation against the City for payments made under the policy. 3. The requirement of insurance coverage will not relieve the Concessionaire of any other obligations under this Agreement. 4. Certificates of insurance evidencing all coverages and endorsements above shall be furnished to the City prior to commencement of any operations under this Agreement. SCA-18 ' r s� ,.""^"'-: r�•:r�s:a'-,: ,� fir- aac,�^.r;...ia z flab, DRAFT S. Concessionaire agrees that the torma of these Insurance requirements may be increased and revised upon the written demand by the City, which demand must be based on reasonable and justifiahlo grounds. ARTICLE XVII CANCELLATION A. Cancellstien b Cit1r. The City may cancel this gceement on recover possession of the Promises by giving the Concessionaire thirty (30) days prior written notice upon the happening of any of the events listed below, unless the breech to cured within sold thirty (30) dayot 1. The Concessionaire's failure to pay when due the rents, fees, penalties, etc., specified in this Agreement, including any increases made pursuant to this Agreement. 2. The return of checks for insufficient funds for payment of rents or fees. 3. The use of the Premises by the Concessionaire for purposes not authorized by thin Agreement. 4. The filing of a petition in bankruptcy by or against the Concessionaire. S. The entry by any court of a judgment of insolvency against the Concessionaire. 6. The appointment of a trustee or receiver for the Concessionaire's assets in a proceeding brought by or against the Concessionaire. 7. The filing of any lien against the Promisee becaueo of any act or omission of Concessionaire and ouch lien to not removed, enjoined, or a bond for satisfaction of ouch lien is not posted within sixty (60) dayal or S. The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which is not vacated, diemiooed, or not aside within a period of ninety (90) days and which does, or as a diesel consequences of ouch procean will, interfere with Concessionaire's use of the Promises or with Ito operations under thin Agreementl 9. The felitere of the Concessionaire to operate the business authorized in this Agreement for a period of more than fourteen (14) consecutive calendar days. 10. Cessation or deterioration of any service for any period which, in the determination of the City, materially and adversely affeeto the operation of service required to be performed by Concessionaire under thin Agreementl SCA-19 1 MST WIRAFT IT. The failure of the Concessionaire to perform nny provia/on or covenant in this Agreement. No waiver by the City of city time or any default on the part of Concessionaire in the performance of any of the terms, covenants, or conditions hereof to be performed, kept, or observed by Concessionaire shall be, or be construed to be, a waiver at any time thereafter by the City of any other or subsequent default In performance of any of said terms, covenanto, or conditions, and no notice by the City shell be roqutrod to restore or revive time as of the oesence hereof after waiver by the City of default in one or more Instances. The granting of a waiver by the City of any provision or covenant in this Agreement cannot be enforced or relied upon unless the waiver to in a writing signed on behalf of the City. B. Cit 'e Rf ht of Reon tr The City shell, as an e one eeme<y, upon the giving of written notice of cancellation or termination as above provided, hove the right to reenter the Premises and ovary part thereof on the effective date of cancellation or termination without further notice of any kind, re ...d any end all persons therefrom, and may regain and cosume possession either with or without the institution of summery or legal proceedings or otherwise. Such reentry, however, shall not in any manner affect, alter, or diminish any of the obligations of Concessionaire under this Agreement. C. 1'_g_ht_o_�if_ t�he�Cit� The City, upon termination or oenc—efre�A'n of -tfifa Agreement, or upon reentry, regaining or reeumption of possession of the Promieee, may occupy the Promises and shall have the right to permit any person, firm, or corporation to enter upon the Promises and use the come. Such occupation by others may be of only a part of the Premises, or the whole thereof or a pert thereof together with other apace, and for o period of time the came as or different from the balance of the term remaining hereunder, and on terms and conditions the some as or different from those set forth In this Agreement. The City ahail also have late right to repair or to make such structural or other changes In the Promises as are necessary In its judgment to maintain the suitability thereof for uses and purposes similar to those granted under this Agreement without effecting, altering, or diminishing the obligations of Concessionaire hereunder. 0. Survival of Concooalonnire'o Obli atg lo. In the event is AgreementIs terminate or a —sore need by the City, or in the event the City reentere, regains, or reoumes possession of the Premises, oil of the obligations of Concessionaire hereunder shall survive and shall remain in full force and effect for the full term of this Agreement. And, subject to the City's obligation to mit,gato damogen, the amount of the fees and charges shall become duo and payable to the City to the came extent, at the some tlm• and in the came manner so if no termination, cancellation, r^entry, regainingg or resumption of possession had taken place. the y may SCA-20 • if A +1,'�"!'RY••Wi:.�'�Rn'Irr.+k•i; � �c?C'.'!�/' �i ��i�3?J •� DR AR maintain ()Operate actions to recover any monies then duo, or at Ito option and at any time, may aue to recover the full deficiency. The amount of dmmnqoo for the period of time subsequent to termination, cancellation, reentry, regaining, or resumption of possession ahell bet 1. On account of Concessionaire's minimum annual fee obligation, the cumulative total thereof lase the amount paid prior to the effective date of cancellation) PLUS 2. Liquidated 4amageu no provided for in Article X11, Subsection (a) for any time of unapproved closure prior to the effective date of cancellation. PLUS 3. Subject to an offeet for any fees and changes received by the City from a succeeding Concessionaire, on account of Coneeesioneire'e percentage of annual gross receipts, the appropriate amount if in excess of said minimum annual fee, which gross receipts would have been received by Concessionaire during the balance of the term hereof if there had been no termination, cancellation, reentry, regaining, resumption of possession, for the purpose of calculation hereunder, the amount of gross receipts shell be derived by taking Concessionaire's total gross receipts during the year immediately preceding terminotion, dividing said total by three hundred sixty-five (365) and then multiplying the result by the number of days in the balance of the term hereof. It is understood and agreed that the damages specified above shell not affect or be construed to affect the City'o right to ouch damages in the event of termination, cancellation, reentry, regaining, or resumption of possession where Concessionaire has not received any actual gross receipts under this Agreement. E. Waiver of Reds m ilea end Dame oo. Concessionaire ere y wolves any en a righto of redemption granted by or under any present or future law or statute in the event it in dispossessed for any cause, or in the event the City obtains or retains possession of the Promisee In any lawful manner. Concessionaire further agrees that in the event the manner or method employed by the City in reentering or regaining possession of the Promises gives rise to a cause of action in Concessionaire in forceable entry and dotainer under the lows of the State of Alaska, the total amount of damagoo to which Concessionaire shall he entitled in any ouch action shall be the sum of One ($1) Dollar, and Concessionaire agrees that this provision may be filed in any such action as Its stipulation fixing the amount of damages to which It is entitt:d. SCA-21 I I I 7• c 4 •• F1113T T f. Surrandor of Posnennion. Conc000lonnlro covonnnto nod agrouo to yield and ifuTivur ponaeunion of the Promises to the City on tho data of the termination, concollstlon, or expiration of thin Aqroomont promptly, peaceably, quintly, and in an good order and condition oo•the name now or may be hereafter improved by Concessionaire or the City, reasonable use and wear and tear thereof excepted. The Concessionaire aholl he allowed a minimum of ton (10) calendar days following the effective date of the cancellation of the Agreement within which to remove all of the Conc000ionairu'o perounol property, equipment, furniture, and fixtures from the Premises. The Coneeonionsiro and the City ogroo, so port of the consideration for thin Agreement, that all property remaining on the Promises after the expiration of said ton (10) calendar days will become the solo property of the City, with full title vested in the City, and the City may remove, modify, oell, or dnot roy the proporty as it ones fit. ARTICLE XVIII TRANSITION AT EXPIRATION Of AGREEMENT A. Special Definitions for thin Article onlyi The following ore for the purposes of this Article onlyr i. �Turns �r to dofinod an midnight of the'day on w-hT-cW7We Concessionaire's le000hold interests, concession righte, and operational responsibilities under this Agreement end as a reoult of the expirotion of thin Agreement or termination of hold-ovor no covered under Article XXl(4), General Covenant 0. 2. Transition to dofinod no the period of activities prloc to`iurnovor during which the gift shop concession described in thin Agreement to turned over to a succeeding Coneenoionsive. 0. The City and the Conceoolonairo mutually acknowledge and sgreo that upon the expiration, cancellation, or termination of this Agreement, the City hen the right to award any oubnoquont conc000lon agreement to the moot favorable bidder at a public auction or by any other logel means then available to the City. C. Concessionaire undarstando and acknowledges that it is not practical or pooniblo to predict exactly whet the transition schedule and procedures should be to beat servo the needs of the travolinq public, and the City upon the expiration of this Agreement. Therefore, on part of the conoldoratlon for this Agreement the Concessionaire hereby agrees that the City hot) the right to dolermine what the trenoltion aehudulu and procedures uhall be no that "code of the traveling public and the City are boat nerved. Concessionaire hereby acknowledges and agrees that the tronoltion plan dotorminod by the City to boot eery" the noodo of the traveling public and the City m 1 SCA-22 t „ I 49 ,1 FIRST P” �W7, 1. Require the Conc000ionairs to remove from the Premiaos oil or any portion of the Concessionaire's fixtures, furniture, and equipment. In that event, the Concensionalro hereby agrees to remove said items at no cost to the City or the succeeding Concessionaire. 2. Require the Concessionaire to sell to the aucceeding Concessionaire all or any portion of the Concessionaire's furniture, fixtures, and equipment, excluding the Concessionaire's computer equipment, cash registers, and merchandise. In that event, the City may require the Concessionaire to furnish, at its sole expense, an approienl(a) to establish the sale price of said items. Any ouch apprsiael(o) shell he prepared in the manner directed by the City, shall be submitted by the date specified by the City, and shall be subject to the approval of the City. The City hereby agrees to provide the Concessionaire with written not too of the transition plan determined by the City to beet serve the needs of the traveling public and the City at least six (6) calendar months prior to Turnover. The Concessionaire hereby agrees to diligently execute the transition plan determined by the City, to abide by the time schedule, and to cooperate completely with the City and the succeeding Concessionaire in carrying out said transition plan. ARTICLE %I% ASSIGNMENT OR SUBLEASE A. The Concessionaire will not mortgage, hypothecate, or otherwise encumber or ensign the concession rights herein created, nor will the Concessionaire sublet or sublease the Promisee in whole or in part without the crior written consent of the City, which consent will e freely given and not unreeoonably withheld if the assignee or subleases possesses substantially the same qualifications so to business ability and financial responsibility as the Concessionaire. Any attempted assignment, mortgage, hypothecation, or encumbrance of the concession righlot any eubletting or subleasing of the whole or any part of the premiaost or other violations of the provisions of thin Article will be null and void and confer no right, title, or interest in or to this Agreement nor right of occupancy of the whole or any portion of the Premises upon any ouch assignee, mortgage, encumbrancer, pledgee, or other lienholder, oublenent, successor, or purchaser. B. Any proposed assignment, Insect sublease, or subcontract must be submitted to the City for approval in four (4) copies, each bearinq the original notarized signature of all parties. All covenants and provisions in this Agreement extend to and bind the legal representatives, successors, and assigns of the parties. SCA-21 • I i a- ram. F.. _.... _.__ . .,. l�'►t„ isF OR A � ',i. C. Thu City will not withhold its consent to an asuignmont of this contract by the Concessionaire unreasonably. ARTICLE XX GENERAL COVENANTS A. Execution b Cit . This Agreement to of no effect un i ea eon signed by the City Manager for the City of Konai. B. A__pppp__ro__v____sl��hy ____Stote. Any approvals required of the city y thqr eament will not be unreasonably withheld. C. Notices. Any notice required by this Agreement must be anti delivered or aunt by registered or certified mail to the appropriate party at the address set forth on page one of this Agreement or to any other address which the parties subsequently designate in writing. D. Modification. The Concessionaire hereby agrees to any maElfT tin the City may make to this Agreement to meet the revised requirements of federal or State grants, the operation of the Airport, or to conform to the requirements of any revenue bond covenant to which the City is a party. Provided, that a modification may not act to reduce the rights or privileges granted the Concessionaire by this Agreement nor act to cause the Concessionaire financial lose. No modification or amendment of thin Agreement is effective unless in writing and signed by both the parties. E. Bid Documents. It is expressly understood and agreed that the —Invitation for Bide, Instructions to Bidders, the basic bid specifications, including any addenda thereto, the Bidder's Affidavit and the bond or other security deposit required under said instructions are hereby made a part of this Agreement, and each of the parties hereto does hereby expressly covenant and agree to carry out and fully perform each and all of the provisions of sold documents upon its part to be performed. F. Interrelationghfp of Provisions. The artistes, general covenants, special covenants, eupplamenfa, addendume, and drawings attached no exhibits are essential parts of this Agreement and are intended to be cooperative, to provide for the use of the Premises, and to describe the respective rights and obligstlone of the parties to this Agreement. In case of a discrepancy, figured dimensions govern over scaled dimensions unless obviously Incorrect. Special covenants govern over articles, both of which govern over general covenants. G. Holding Over. If the Concessionaire holds over and remains in possession of the Premises after the expiration of this Agreement without a written renewal, the holding over will not operate as a renewal or extension of the term of this Agreement, but only creates a tenancy from month to month, regardless of any rent paymento accepted by the City. The Concessionaire's obligations for performance under this Agreement will continue until the month to month tenancy to terminated by the City. The City may SCA-24 , I d d terminate the tonancy at ony time by giving the Concessionaire at least ton (10) deye prior written notice. H. Valid" oP Parto. If any provision or covenant of le greemen fa declared to be invalid by a court of competent jur Indiction, the remaining covenants and `. provisions will continue in full force. 1. Conflicts Between Concoeolons. In the event of a _ ., • con o e Neon t e eficoea onalre and any other tenant, lessee, or Concessionaire on the Airport so to services to be provided by respective Concessionaire or I lassoes, the City will decide which services may be • provided by whom. Concessionaire agrees to be bound by ouch decision, subject to any rights Concessionaire may have to seek judicial relief. i J. Adve�rtlsl_n_g. The display by the Conoosofonetre of any e gne—i savectf3ing, or similar matter in the Terminal without the prior approval of the Airport Manager in j hereby ^-' K. Radio lnterferenco. At the City'e request, the oneens ona re shall discontinue the use of any machine •.-...• or device which interferes with any government operated i -."'`"• - transmitter, receiver, or navigation old until the 1 cause of the interference is eliminated. • ,..a..•-n??+�etr•er+r�%ss%y�r?,Y+t�.`n4 L. Dieerlminetlon. the Concessionaire covenants and _ agrees � yet discrimination on the grounde of race, :i, r •.•• color, religion, national origin, ancestry, age, or sex will not be permitted against any patron, employee, applicant for employment, or other person or group of - persona in any manner prohibited by federal or State "*r . law. The Concessionaire recognizes the right of the City to lake any action necessary to enforce this - covenant, including actions required pursuant to any �• federal or State law. `• M. AfPirmative Action. The Concessionaire agrees that it w un ec e o an efPirmetive action program as ( required by 14 CPR Pert 152, Subpart E, to insure that no person will be excluded from participating in any employment activities covered by 14 CPR Pert 152, l Subpart E on the grounds of reco, ereod, color, national origin, or sex. The Concessionaire hereby agrees that no person shell be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by said subpart. The Concessionaire further agrees that it will require that its covered suborgenizetlon(a) provide assurance to the City to the came effect that j, they will oleo undertake affirmative action programs and require assurances from their ouborganizetione, as required by 14 CPR Part 152, Subpart E. f _ i -• N. National Emeer_nc_,. In case of any national emergency �= ec are y t% edoral government, the Concesulenairs may not hold the City liable for any Inability to perform any port of thin Agreement no a result of the ' ? notional emergency. E`- SCA-25 n .. • FIRST DRAFT 0. Qionetare. If, in the determination of the City, fire, oa , earthquake, or other anaualty damagon the Terminal an oxtanoively no to render it untonantable, either party may elect to terminate this Agreement upon written notice to the other party. In the event of ouch termination, the rant payable under this Agroement must be prorated up to the time the Terminal becomes vntenenteble. P. Condemnation. If the Premises are condemned by any ptopoau, I" the term of this Agreement will end on the date the Concessionaire to required to surrender p000cuuion of the Promisee. The City is entitled to all the condemnation proceeds except the Concessionaire will be paid the portion of the proceed attributable to the fair market value of any improvements placed on the Promisee by the Concessionaire according to the provisions of 17 AAC 40.330, amended. Rent will also be adjusted according to the provisions of 17 AAC 40.330, as amended. SCA-2b f I• i :i 4� I .� C-3 Suggented hys City Council CITY OF KENAI ORDINANCE NO. 904-83 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TENANCY REQUIREMENTS IN THE KENAI MUNICIPAL AIRPORT TERMINAL AS FOUND IN THE KENAI MUNICIPAL CODE. WHEREAS, in an effort to provide functional efficiency and public safety and convenience, the City desires to adopt rules regulating tenancy in the Kenai Municipal Airport Terminal, and WHEREAS, t•he present Airport Regulations do not address tenancy requirement in the Kenai Municipal Airport Terminal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, that the Airport Regulations be amended by adding a new section as follows: 14.000 Tenancy Requirements in Airport Terminals 14.010. All tenants must occupy such areas as designed for their specific type operation. 14.020. Each tenant airline must occupy an area of not less than 150 square feet ticket counter space and 300 square feet of office space and have direct access to the existing baggage guild -up area. Airlines may share existing facilities under an approved lease-subleane agreement. 14.030. Car rental agencies must occupy an area of not less than 100 square Feet and in an area as designed for that purpose. 14.040. All other concessions/t•enents shall operate in existing designed facilities unless specific alterations are approved by City Council; 14.050. No temporary facilities nhall he installed or operated for a period in excess of thirty (30) days without prior apprnval of City Council. 1 -- it A. ,t -. 14.060. Vending machines, newspapers and other = ublications ehaii b 1 d i d ith Ai A, p e F.cIV n accor ane rpor Manager instructions. PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 1983. ATTEST: Janet Whelan, City Clerk , MAYO First Readings November 30, 1983 Second Readings December 7, 1983 Effective Dates January 71 1983 a .i :�F'-+�-..y .. _ - _ i'-y - •''ice: _ '— _ - _ _ _ � ._ _ _ .�_.ry.s c •.. _ - ,1 . +s+ CITY OF KENnAI VdCap4W 4P. O. SOX 550 KRNAI, ALASKA 90511 fILIPNONt 159 . 7595 Dec. 1, 1983 Alcoholic Beverage Control Board 201 E, 9th Ave. Anchorage, AK 99501 REf Liquor License Renewal Little Ski No At their regular meeting of Nov. 30, 19839 the Kenai City Council f requested a 30 day extension on approval of liquor license renewal for Little Ski No. This would extend notification date ; to Dec 18, 1983. Thank you for your assistance. anet Whelan City Clerk jw • 0; 4 is 1 1 ; I 2_ ; h- BILL SHEFFIELD, GOVERNOR ZPARTIMENT OF REVENUE 201 EAST 97H. AVENUE ALCOWLICOEVER40EWWROL BOARD ANCHORAGE, ALASKA 99601 December 1, 1983 Janet Whelan, Clerk N c, City of Kenai P.O. Box 580 g�tl3t St , �V-:i !� Kenai, Alaska 99611 Dear Ms. Whelan: We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai You are being notified as required -by AS .520. BEVERAGE DISPENSARY PACKAGE STORE Casino Bar Casino Liquor Store IA A local governing body as defined under AS O4.21.080(10) may protest the f:. '.. approval of the application($) pursuant to AS O4.11.480 by furnishing the :v I ry n rg W 1 - - board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitraryy, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of •service upon the applicant. Under regulation 15 AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to pro- test an application If a request is filed in writing within the original 30-day period: If a municipal zoning regulation or ordinance prohibits the -sale or con- sumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Sincerely, Betty L. Calhoon Records & Licensing Supervisor (907) 277-8638 BLC:vk Enc. i t J � � �JJ i C ram, AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 30, 1983 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1, Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Chris Martin - Animal Control Ordinance C. PUBLIC HEARINGS 1, Ordinance 896-83 - Amending Kenai Municipal Code - Deleting Maximum Annual Leave Accumulation 2. Ordinance 898-83 - Increasing Rev/Appns - Animal Control Helper to Fuli Time - $12,285 3. Ordinance 699-83 - Increasing Rev/Appns - Design of Float Plane Basin - $200p000 4. Ordinance 900-83 - Increasing Rev/Appns - Contract Snow Removal & Sanding - $15,000 5. Ordinance 901-83 - Increasing Rev/Appns - Section 36 Development 6. Resolution 83-151 - Awarding Contract - Section 36 Development - McLane & Assoc. 7. Resolution 83-155 - Transfer of Funds - Overtime for Building Inpsector - $2,038 S. Resolution 83-156 - Adopting 1984-85 Capital Improvement Projects List 9. Resolution 83-157 - Community Center Development Committee 10. Renewal of Liquor License a. Little Ski Mo b. Le Fiesta 11. Renewal of Liquor License - Larry's Club D. MINUTES 1. Regular Meeting, Nov. 16, 1983 E. CORRESPONDENCE F. OLD BUSINESS 1. Travel Center - Application for Lease Space at Airport (Notice of Reconsideration) G. NEW BUSINESS 1. Bills to be Paidq Bills to be Ratified 2. Requisitions Exceeding $19000 3. Ordinance 902-83 - Increasing Rev/Appns - Engineering for Police Addition - $1079492 4. Ordinance 903-83 - Increasing Rev/Appns - Engineering for Library Addition - $107,492 5. Ordinance 904-63 - Establishing Tenancy Requirements in Airport Terminal 6. Amendment of Lease - Extension of Construction Completion Date - Dan Pitts - FBO S/D 7. Assignment of Lease - Great Northern Investment, to Roger 6 Constance Holl - CIIAP B. Assignment of Lease - Katmai to Pace Corp. a. Consent to Sublease - Pines Corp. to Pace Corp. 9. Appraisal and Acquisition of 80 Acres for Float Plane Basin H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4, City Clerk 5. finance Director 6. Planning do Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission 1, PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I 4 V �i KENAI CITY COUNCIL - REGULAR MEETING, MINUTES NOVEMBER 30, 1983 7100 PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Mentor, Wise, Wagoner, Ackerly, Beilie, Hell, Measles Absents None A-1 Agenda Approval Agenda was approved as submitted. 0. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Chris Martin - Animal Control Ordinance Me. Martin wee not present. C. PUBLIC HEARINGS C-1 Ordinance 696-63 - Amending Kenai Municipal Code - Deleting Maximum Annual Leave Accumulation MOTIONS Councilmen Ackerly moved, seconded by Councilman Meeelea, to adopt the ordinance. There was no public comment. Councilmen Wise said he could not support it, it encourages accumulation of leave. The important thing is that the employee take leave and got away from the City for a given amount of time. Mayor Wagoner explained they have to take two weeks now. VOTE (Paesed)s Yeas Monfor, Wagoner, Ackerly, Bailie, Hall, Measles Not Wise C-2 Ordinance 898-83 - Increasing Rev/Appne - Animal Control Helper to Full Time - $12,285 MOTION$ Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENT$ Andrea Duewoko. She strongly urged passage of this ordinance. She lives in VIP. Animal Control Officer Godet: is doing a fine job. There are so many doge running lease day and night they could use one officer for this area alone. She would like to see fines increased, to pay for additional personnel. She would like to be able go down the road safely and have hot child safe outside. Me. Godek is doing a fine job but he cannot do it alone. The population hoe increased but pet reoponoibility has not. Clerk Whelan noted the letter distributed to Council this date regarding this ordinance. Councilman Wise said he objects to making budget decisions 5 months after budget approval. Also, more people do not mean better service. He asked, how did this got on the agenda? Mayor Wagoner replied, he asked for it. He added, part of Administration's job to to make changes in the budget when needed. r 1 7, U ' IA..._.: —`Sir __ —_ _�i••.eu— � �iy _• t�..�.�r� � F KENAI CITY COUNCIL NOVEMBER 30, 1963 Page 2 Motion passed unanimously by roll call vote. C-3 Ordinance 899-83 - Increasing Rev/Appno - Design of float Plane Basin - $200,000 MOTION: Councilman Measles moved, seconded by Councilwomen Bailie, to adopt the ordinance. I I PUBLIC COMMENTS Ruby Coyle. She suggested the records be checked, Mr. ' Galliett designed a float plane basin. We pay too much money for the design, then drop it, then design again. It is - e waste of City money. Councilman Measles said if we were looking at a full float _ 1 _'.'''• -' plane basin, he could understand spending the money. What we - -' need and whet th& ope�4*c*.e want, we could do the entire '�-� `• project for this amount. He would like to survey and plot _;_= j•: ; and put this money into the actual work. VICE MAYOR MEASLES TOOK THE CHAIR. �^=airWA+:ePc�?+i+ �in4i Mayor Wagoner said at the last meeting a committee wee established to study this. Appointments will be made before ... -:'•• Jan. 1, 1984. MOTIONS Mayor Wagoner moved, seconded by Councilwomen Monfor, to table action till April 49 1984. VOTE, Table (Pasaed)s 1` Yeas Monfor, Wise, Wagoner, Hall, Measles _• Not Ackerly, Battle MAYOR WAGONER RESUMED THE CHAIR. C-4 Ordinance 900-83 Increasing Rev/Appno - Contract Snow i l - Removal & Sending - i15,000 MOTIONs Councilman Ackerly moved, seconded by Councilman Hell, to I ?'� adopt the ordinance. f y There woo no public comment. MOTION, Amendments — Councilman Witte moved, seconded by Councilman Manatee, to amend the ordinance to delete the words "and sending" in the ' title and the tot WHEREAS paragraph. Councilman Wise explained, he has no problem with contracting out, there are a lot of people with equipment to ' do it. Sending equipment to not available. The City has equipment that to not available in the general contracting community. Councilman Ackerly noted in public Works Director KornoltoO memo, itom 05, wo should not have to pay prevailing rate. Mayor Wagoner agreed, noting we are i.t talking about maintenance, not construction. i VOTE, Amendments Motion passed unanimously by roll call vote. ' •� _ (If(ji t , 1 i I ro KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 3 VOTE, Mein Motion an Amended (Peaued)t Yost Wise, Wagoner, Ackerly, Hall, Measles Not Monfor, Boilte C-5 Ordinance 901-83 - Increasing Rev/Appns - Section 36 Development MOTION! Councilman Ackerly moved, aecondod by Councilman Hassles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-6 Resolution 83-151 - Awarding Contract -Section 36 Development - McLane 6 Assoc. MOTION! Councilmen Ackerly moved, seconded by Councilwoman Beilte, to adopt the resolution. There wee no public comment. Councilmen Ackerly asked if Administration had talked to them about a time table. Engineer LaShot replied he did not think there to a problem. Atty. Rogers added, they stated it sees good winter work. Councilman Wise sold he thought this wee more than wee necessary. VOTE (Paeoed)t Yost Monfor, Wagoner, Ackerly, Beilie, Hell, Measles Not Wise C-7 Resolution 83-155 - Transfer of funds - Overtime for Building Inspector - $2,038 MOTIONt Councilman Rosales moved, seconded by Councilwomen Monfor, to adopt the resolution. There was no public comment. Motion passed unanimously by roll call vote. C-8 Resolution 83-156 - Adopting 1984-85 Capital Improvement Projects List MOTIONt Councilmen Measles moved, seconded by Councilwomen Beilte, to adopt the resolution. PUBLIC COMMENT! 9. Ron Chappell. He thanked the Council for consideration of the library addition. He suggested it he moved up 2 notches. b. Ruby Coyle. The Beaver Loop fire station woe 015. She has been in the City since it was formed. When it woo organized, it was for fire, police, water 6 sower. the people on the east aide have nothing. It is the duty i of the Council to do thingo that are most important for I . i i 4 ' J W1 Xf' i ...,., . y I._ .._ .�._._ KENA1 CITY COUNCIL NOVEMBER 30, 1983 Page 4 the citizens - fire, police, water b newer. There are 42 homesteads in the City. Ever since the City woo formed, they have been in competition with the citizens. She did not see how they could do nothing for these people. Mayor Wagoner explained that had been discussed at work sessions and meetings. The facts do not justify this at this time. Mrs. Coyle naked, what do they value the coat of someone's life? When a house burns, there are many things that cannot be replaced. Councilwoman Monfor sold she did not went the library addition to be 03. She to from seat Kenai and to wondering if this is right. This to an old section of town, but it is growing. There are other ways to get money for the airport and small boat harbor, but the fire dept. to what she wants her tax dollars to go for. Council should ct-louely consider it next year. The people paying the tax base should receive services. Councilwoman Bailie said the police dept. should remain first. Everyone should take a look at it. The conditions are deplorable. More than 80% of police work to in the department. it to time they get adequate conditions. MOTION, Amendments Councilman Wine moved to change the list to reads 1. Library Addition 2. Police Addition 3. Beaver Creek Fire Station Motion failed for lack of a second. Mayor Wagoner said in the packet are 2 ordinances to allow engineering and design for library and police station. At the time Council made the list, design and engineering were included. Many times we get a grant from the State for a specific purpose. We have to get permission from the State if it is over coat, should we change? (airs costa in the CIP list) Councilman Ackeriy asked, in the course of getting a grant, can we re -coup the engineering costa? Finance Director Brown replied, usually not. Prior coats are not reimbursable. Sometimes we can go beck about 90 days. Mayor Wagoner explained, that could coot is $200,000 that we could use on another project. Councilwoman Beilie asked, couldn't that money be used on those projects? Weren't they Included in the scope? Mr. Brown replied, yes. If $814,000 wee for police design, for example, and we spent some of our money, we could say we will lose but in all likelihood that will not happen. There to usually some way to use it. Mayor Wagoner Gold right now too could establish pr►eea to give the State an amount of money they can deal with. E100,000 from each project could be used for some other project instead of being in this account. Councilwomen Monfor noted, thin to from a 1972 bond issue. Is there interest? Mr. Brown replied yes, but it has not been added. Councilwoman Monfor cold, if we took $100,000 for engineering the police and library additions, we are ahead of the game if the construction money is grunted. Mayor Wagoner asked, do we went to be ahead of the game? The Council sets prices on projects and square footage. That canto money to maintain. We have additional money that we may not want in here. These 2 figures already include the cost of architect and xngineering. In the packet we have ordinances that take core of fundinq for those 2 costa so these are inflated. Councilman Hall added, we will only need $714,000, if we do not oak for the 0200,000, we will J '—.'•see' �a' -- — —� � —__ ..._ . � • _ • � -- eY r / KENA1 CITY COUNCIL NOVEMBER 30, 1963 Page 5 be out that much. Mayor Wagoner said it could be funded into these 2 projecto and we may not have flexibility. The State will not reimburse us for funds expended. Cnuncilwomen Monfor said if we wait for State funds, we have to wait till the Legislature convenes and decides. If we go ahead and pass the $200,000 we can start now. She added, she thought the bond mon►oo could not be used for just anything. Mayor Wagoner said the money can be used for those purposes. He just wanted to drop $200,000 from the CIP list to be used someplace else if it is a lump sum. Mr. Brown said it woo academic. We will not get the grento specified as such. There is no assurance it will be put anyplace oleo if you take it out. He did not think It woo in our beet ►ntereote - - to reduce the amount. Motion passed unanimously by roll call vote. C-9 Resolution 03-157 - Community Center Development Committee . MOTIONS , Councilman Measles moved, seconded by Councilwomen Nonfat, to adopt the resolution. ' - There was no public comment. 0100 ON' Motion passed unanimously by roll cell vote. - rrww11_ C-10 Renewal of Liquor License ✓ •J :` '. - a. Little Ski No b. La fiesta ^ Clerk Whelan referred to the memo from the Borough regarding ' the 2 businesses. 1 - MOtION: `. Councilman Measles moved, seconded by Councilwoman Bailie, to send a letter of non -objection to ABC regarding La Festal and request a 30 day extension on the Little Ski Mo. Motion passed unanimously by roll call vote. C-11 Renewal of Liquor License Larry's Club Clark Whelan referred to the memo from the Borough regarding 4 '- -• 'r'' `the two businesses. MOTION s Councilman Measles moved, seconded by Councilwoman Bailie, to send of letter of non -objection to ABC regarding Larry's Club. Notion passed by unanimous consent. l D. MINUTES Clerk Whelan noted that page 5, item C-7, there was no public comment on the item. Minutes were approved an corrected. I E. CORRESPONDENCE None F. OLD BUSINESS i F-1 travel Center - Application for Lease Space nt Airport (Notice of Reeonoideration) f 1 U i` <I V 1 i 441 rilT��.1 F�i[iww�d KENAI CITY COUNCIL �1 NOVEMBER 30, 1983 Page b VOTE, Reconsideration (Failed)$ YOGI Monfor, Wiee Not Wagoner, Ackerly, Beilie, Hail, Meaeleo Council agreed to hear from representatives of Travel Center. John Hopwood, Attorney for Travel Center. He introduced 3 psopie In attendance from Travel Center. The reason they asked for reconsideration wee, there is one procedure that was not ;or atain the the lostemeeting,etication nd 1Penothewespthcttion the reason Por the denial? He noted, a corrected application was submitted at this date. Atty. Rogers replied, he did not consider that a procedural problem. Council had considered the application as submitted. He added, they may not have to go to P&Z- They may be ablo to Just ge to the City Manager. If the criteria or met, he can make a re commendation. �Hopwood toc mplywiCenter with all requirements. TheCitpeople City has a wonderful terminal and they went to add to that. There to no reel guidelines on who or how many can lease at the terminal. Mayor Wagoner asked, whose money has been spent an this effort? Mr. Hopwood replied, Travel Center acquired the travel agency and has spent their own money. Mayor Wagoner said he had heard there have been phones and computer lines ordered for the airport. Mr. Hopwood replied he cannot address that. Atty. Rogers said he did not want them to think that granting is automatic If they follow r procedures. DISCUSSION ITEM, Airport Terminal Regulet/ones MOTIONt Councilman Wise moved, seconded by Councilman Meaeleo, to have Administration directed to provide a final draft no later than Jon. 1, 1984 on the airport. Mayor Wagoner said Council asked for a draft of regulations regarding apace Issue for air charter. Councilman Wise Gold the ramifications have gotten larger with the fiasco over the bar. He was Under the impression it wee to direct at the whole operation of the terminal. Atty. Rogers explained part of the request regarded a matter he Is working on - request for proposals for various types of concessions. There will be eteingent criteria. Council will have to OPPrOcould v ldnottee d, the havebeenreicoveter solvedwiththeregulationProblem pr obably The bar situation woo the result of a problem we hope is resolved. VUTE (Pasaed)i Yee$ Wiee, Ackerly, Rollie, Hall, Meaeleo Not Monfor, Wagoner G. NEW BUSINESS C-1 011ie to be Paid, Bills to be Ratified MOIIONt Councilman Mansion moved, seconded by Councilwoman Monfor, to approve the bills as submitted. Motion passed unanimously by roll call vote. ■� n e. I d I 3s 0 KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 7 0-2 Requto►ttono Exceeding $1,000 MOTION$ Councilman Mannino moved, seconded by Councilman Wise, to approve the requisitions as submitted. Councilman Wise asked what the portable dorm system will accomplish, Police Chief Roan replied, they budgeted for 2 portable unite to be used in lieu of officer stake out. In burglary target areas it can be used instead of a patrolman. Motion passed unanimously by roll call vote. 0-3 Ordinance 902-83 - Increasing Rev/Appna - Engineering `or Police Addition - $107,492 MOTIONt Councilwoman Sallie moved, seconded by Councilman Mooelee, to introduce the ordinance. Mayor Wagoner asked that the work "facility" be added in the let WHEREAS after the word "department." Council agreed to the request. . Motion passed unenlmouely by Coll cell veto. , r: 0-4 Ordnance 903-83 - Increasing Rev/Appna - Engineering for Library Addition - $107,492 MOTION$ Councilman Measles moved, seconded by Councilman Ackerly, to introduce the ordinance. Councilman Measles asked if this wee from the 1972 election. + Finance Director Brown replied the election was in 1972, it wee re -funded in 1974. i Motion passed uns;iinouely by roll call vote. i 0-5 Ordinance 904•43 - Establishing Tenancy Requirements in Airport Terminal MOTION$ Councilwoman Bailie moved, ascended by Councilman Ackerly, to introduce the ordinance. Clerk Whelan noted there were some typographical errors, which will be corrected. Councilwoman Beilio noted section 14.050. Did that mean they can operate for leas then 30 -- days without Council approval? Mayor Wagoner explained, Administration has to approve them. Airport Manager Swelley explained, 14.040 covers anything not covered specific. Councilmen Wise said 14.010, the word "dootgned." The current travel agency was not designed for them. That means they should not he there. Mayor Wagoner explained this means you cannot put a shoe ohine stand in the bar if the bar to already there. Councilman Wine naked, designed by whom? Any one can come in end remodel. Mayor Wagoner replied, not without prior approval. Ally. Rogers explained, "on designed" is neutral, 14.040 makes it specific. Councilman Wise asked, in the area that wee left blank in the renovation. An air carrier came in and i I ..______... KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 8 designed at their expense, to that area available for non-nirline tine by this interpretation? Atty. Wagoner replied that has already been specified for airlines. Motion passed unanimously by roll call vote. G-6 Amendment of Lease - Extension of Construction Completion Date - Dan Pitts - PBO S/0 p Ally. Rogers noted it had been signed in error. Mr. Labehn explained this to a 6 month extension, it was recommended by P&Z. MOTION: Councilman Ackerly moved, seconded by Councilmen Measles, to approve the lease amendment request. Land Manager Lsbohn explained, the original plena were for 1982 to 1984. It to not done, he to asking for an extension to Sept. 30, 1984. Motion passed unanimously by roll call vote. G-7 Assignment of Levee - Great Northern Investment, to Roger & Constance Moll - CHAP MOTION$ Councilman Ackerly moved, seconded by Councilwomen Bailie, '• to approve the lease assignment. Motion passed unanimously by roll call vote. G-8 Assignment of Lease - Katmai to Pace Corp. a. Consent to Sublease - Pines Corp. to Pace Corp. MOTION$ Councilman Measles moved, seconded by Councilwomen Bailie, to approve the lease assignment. Motion passed unanimously by roll call vote. G-So Pines to Pace MOTIONS Councilmen Measles moved, seconded by Councilmen Ackerly, to approve the request for sublease. Land Manager Labehn explained, this to the some property as the original. He would like to oak Council to consent to a 20 year period. The lease between Pace and Pines is for a 20 year sublease. MOTION, Amendments Councilman Measles moved, seconded by Councilman Ackerly, to emend the loose to include a time period of 20 years se in the sublease. VOTE, Amendments Motion passed unanimously by roll cell vote. VOTE, Main Motion as Amended& Motion passed unanimously by roll call vote. I x I, I _ I r n .� 3 ;w f KENAt CITY COUNCIL. NOVEMBER 30, 1903 Page 9 O-9 Appraisal and Acquisition of 80 Acres for Float Plane Basin MOTION, Tables Councilman Measles moved, seconded by Councilman Ackerly, to table action on this item till April 4, 1984. VOTE, Table (Peseed)s Yeas Monfor, Wogoner, Ackorly, Bailto, Hall, Measles Not Wine H. REPORTS H-1 City Manager None H-2 City Attorney None H-3 Mayor Mayor Wagoner spoke. a. He hoe a list of people he will be contacting for a community center committee. He hoe asked Councilwoman Bailie to be ad hoc representative. Is. He is preparing a list for airport development committee. If Council has any suggestions, please contact the Mayor. H-4 City Clerk Clerk Whelan spoke. 90 the telephone poll regarding approval of coats for the capital improvement projects brochure wee reviewed. MOTIONS Councilman Measles moved, seconded by Councilmen Hell, to ratify the telephone poll as submitted. Motion passed -by unanimous consent. Is. She reminded the Council that the next regular Council meeting will be in one week, Dec. 7, 1983. Mayor Wagoner noted Vice Mayor Measles will preside. H-5 Finance Director None H-6 Planning 8 Zoning None H-7 Harbor Commission None H-8 Recreation Commission None f' n "' i • �•.•......ace;,;�...E,.,r>_c;-r':.::,...;;,• ,j KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 10 H-9 Library Commisnion Commission Chairmen Oyo uOid they will present material to the architect on Dec. 20. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Gerald Sibley. He spoke to Council regarding the possible funding delay during the last Council meeting. Now they are postponing the float plane basin discussion till April 1984. He noted interest wee first stirred up about a float plane basin In Dec. 1976. A $2-1/2 Million study wee tabled till that following April. He asked again if Council wants private airplanes. If not, he Is moving elsewhere. This to not a million dollar project. Councilmen Ackerly explained he voted against It because of the numbers. It would be better to do it in Winter, he does not went to wait till Spring. Mayor Wagoner explained this ordinance (Ord. 899-83) does not deserve consideration, this was his reason for voting no. Also, another ordinance at the request of the Airport Committee can be Introduced and adopted at the some meeting. That is not a 30 or 60 day delay. We should not jump In without review. Mr. Sibley noted he could build one In S months. Mayor Wagoner explained, the reason for tabling is to get It away from Council till a time certain. That does not preclude a different ordinance being Introduced. b. Ruby Coyle. She wee have when the bond issue was voted an in 1972. That money was eat up for S different projecte. The convention center wee one. The money now being appropriated for the library and police has been carried on the books as money for the convention center. She asked Finance Director Brown to explain this. Mr. Brown said In resolution 71-12, the bonds were sold fort Civic center with library Water system Sewer system Construction of fire & police facilities Airport improvements Parke h too facilities Small boat harbor Street improvements He added, it oleo states if any money cannot be used to build, they can do whet Council deems appropriate. He interpreted that to mean if any money left to inadequate, Council can decide. This to in the resolution authorizing the election. Mrs. Coyle noted it was not that way in the ballot. She added, everything has been done except the convention center. Fire 6 Police depts. used more then wee specified. C. Councilwomen Nonfat. She requested the Public Works Dept. have a report for the 2nd meeting in Dec. on Ed Lowry's subdivision in Spruce Haven off Beaver Loop. Is all approved at this point? Where does he stand with M - 71 . . r I_ t O .TN!-s(�y i�i;:•, 5b111..�Myi���fy'r.ii. .J.1 _ { e 4 I t II i _ ir ,r I m KENAI CITY COUNCIL NOVEMBER 30, 1983 Page 11 the loess? d. Councilman Ackerly. He asked Public Works Dept., regarding the memo in the packet on etreete. He did not agree with the 35 MPH limit at the high school. Mayor Wagoner explained that was a request of e citizen. ADJOURNMENTt Meeting adjourned at 9100 PM. v� Janet Whelan City Clerk I I I i 1 � • � r 1 A r. op— •�� r ._ - —_ - - - -_ - __- 'GSA - - "r..a�a"®om�: n PAYMYNTB OVPR 81 000 00 WHICH NIIFD COUNCIL API' ;L OR RATIFICATION 12/7/83 �1. �l rr I 1,. r ,t f I t - i VENDOR R DF4CRIPTLON PRO.IFCT/DEPARTMENT ACCOUNT CRAROED AMOUNT ,-_ PD4 FOR APPROVAL: Zubeck Excavating Pay Est. 6 CP-Evergroon, Etc. Construction 10,014.90 FOR RATIFICATION: PER$ Nov. Retirement Cont. Various Retirement 33,568.28 Women's Resource Canter Oct. Child Caro Women's Resource Accounts Receivable 5,261.08 KUgCO Nov. Natural Cas Usage Various Utilities 3,000.31 First Federal Bank REPO 11/28/83 Central Treasury Central Treasury 1,400,000.00 8.97% int. REPO 12/2/83 central Treasury Central Treasury 600,000.00 9.02% Iat. • tt I�, I ,i, t t 1 r� ( A ItHgUiSI'pIUNS OVRR $1,000.00 MIIiCII NEED W.NCIL APPROVAL 12/7/83 VF:NUl1K PESCitil'TION l►I:PAIt'ITiP.N1 ACCQUNT AMnuNr -_ - - I Air Tak Time b Materials to Repair Street Lighting Repair b Maintenance 6,000.00 { i Varieue Street Lights ' Computer Concepts to IIo Computer b printer Apple 1 Library Flachinory 6 Equipment 2,500.00 P y Burroughs Corp. Computer Maintenance Agreement Finance Repair 6 Maintenance 8,91.9.90 !{ i I i 1 r I. �• P M �} Suggested by: Administration CITY OF KENAI ORDINANCE NO. 905-83 o-, AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1983-84 GENERAL FUND BUDGET BY $6,650 AS A RESULT OF LIBRARY ASSISTANCE GRANTS FROM THE STATE OF ALASKA. WHEREAS, the City of Kenai has received two Library Assistance Grants totalling $8,650 from the State of Alaska for library books and other library materials. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be mattes General Fund Increase Estimated Revenues: State Library Grants $8,650 Increase Appropriations: Library -Books 8,650 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 1983. OM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Ffinance: e?.:3 First Reacting: December 7, 1983 Second Reading: December 21, 1983 Effective Date: December 21, 1983 • J Suggested by: Administration CITY OF KENAI ORDINANCE NO. 906-83 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1983-84 GENERAL FUND BUDGET BY $3,000 AS A RESULT OF A GRANT FROM THE STATE OF ALASKA FOR FIRE TRAINING. WHEREAS, the City of Kenai has received a Fire Training Grant from the State of Alaska in the amount of $3,000, and WHEREAS, the State of Alaska has authorized the City to sub -grant the money to the Alaska State Fire and Arson Investigators Association to help finance a seminar on fire and arson Investigation to be sponsored by that association. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The following increases in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: State Grants $3,000 Increase Appropriations: Fire -Grants to Other Agencies $3,000 Section 2: By acceptance of this aub-grant, the Alaska State irk Arson Investigators Association agrees that it will provide the City of Kenai with adequate expenditure documentation for submittal to the State of Alaska for reimbursement. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21at day of December, 1983. OP WAGONER, MAYOR Airm: Janet M an, City Clerk First Reading: December 7, 1983 Seeond Reading: December 21, 1983 Effective Date: December 21, 1983 Approved by Finance: 1 7. , Suggent ed by s Adm o i at rut ion ` CITY OF KENAI ORDINANCE NO. 907-83 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1983-04 GENERAL FUND BUDGET BY $590 FOR LIBRARY DONATIONS. WHEREAS, the City has received approximately $590 in library doesations and charges for lost and damaged books, and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of library books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revonuaa and appropriations be modes General Fund increase Estimated Revenuess Library Donations $590 Increase Appropriationas Library-Booke $590 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 1983. 7014 RABONER, MAYOR ATTESTs i Janet Whelan, , i t y Clerk 1 Approved by Financut 1/0 First Readings Decumbar 7, 1903 Second Ruadings Decumber 21, 190) Effective Dates December 21, 1983 G-6 I l l I'll ell' 01.110 S'oINI 11t' 1111► WHO Vfol-, I'll P M11►N141.111, ilu, A,l(111111111„nl 1l'lill I1311. /if +111ANAf{l imil lilld,ll, At a,u.' ► NN/►A111 00 ''/IIL,111/;IA 1'Id11/11 ,11►1111will lnl,l IM111+1N11•, lit '1011111ifill, ,, )tr b I. f , k •;', 8fv 11111 rill L+.11'l ,JlN1P 11 "Il i Ulti/11P 11111 ('Ill/ .f;'irt11111 i'-1,I'1 I',lllowIfill '11ns"f'lPill In'b11111'I,'/1 , I,u+ pI hi (fi), 141111ibS p1t/r1 lr,) 1101011 1{Ildi'1` 11IMMIRIA1, h,Nt 11111141 nfnftlrlltill) I,n ClutG l,llll, r.. 1.11111'+,ul' 1'llfoll 11Cliff 91111111 Nrorlr,l'111101�I IsIWxIfit, 'fit11.11 ,11f,1111lHJ (Illi4f'1h4r, 114,i4to Hi Alookii, In lili o,l,y A1i11111011*1011 1 Allb MOP111N11140o 11111runt I;r, Mill 111111111 Vni'inii glitl 111011111 i,lfnl'1 nr1 nfild'a w/i t!! Min tif,1111111t1 `t•'' .. "o , y lonaiiii tolifittollI fi t 1ltnl) i :..."r,, : ,�rylyl,'. •,'. i,�ucc:f� Till11 1111111mfll, Ili (I11/10,1 If)/ 1,1111 ifll,y fit 11111111f oHClisilll, wall1f11y ally 1'1(1114, m, ntllAlnrf In, 11nit1ntllliq 1,I10) AIIIIIGoon' f'tmo f11►y flnitlllLy it,, l'nNlud►111i►1!41;y oliflttt' Min � ,,. , ,,.,�.,..,, , ItiHt'ultluHt,irdlrui l,ulhsu, 1►II/1 f11,uq I►1,1. ►'u1ltry�f, i,lld Arilsl{1111ip 1rom! 6fflt wiil!IIb1Ili Y1t111111,1nu trlirf 111I.y filillf"I'lnI elo rift'! — j I hillffflnlHNhl, rifle/tttnhtf foil rrttrilflrilllhllf,i UHNill 111111f1 , 1111y fit as ,, r�rrr7�/1lrA��l;l7 4l i s 1! Jt111i p AI Al {,1 A / /1111111 ,1111111,1A1, 1,lls'f111111' I"1t PWi'af1*14&NItN N0•01.11101 INl !.!toot J1t1:' In, .' ;t III, — fit, I off is fill, Iff'ro,I,nll+� 111g1,,,n'1ur - _ t 19h1'fnl IN flit Iflit Ip,l'ififil ''/loll Nf±lu,stldul 1,11i1 ,tIPN/,i 11f'fiJ'IiIIlu1►P1 fnlil ril'1(ililVlllilf'll„) 1,111►f. fit, 11111101 IH1if IIII, /lolltlfll'I1y t01 itI'1n, j 11i1. fillet pm to '-wok (if r11 ," 1 I lif,p/11fI J„ — . flit ll,u'/ fllnil,t'' r/i1+ t1►,r,irl, . / bly '4nnm1',h1„11 1;6i1flPtis? _ 1 V J 11 I I I b 1• 1 I i I , r , I �/V rl" l- - . - . -'i, .. . ,: r 2 _ i (1!Il,Ir{IIIdF:H'I' I11' LF:AtII•, I III -Jill A, IIHAIIATII real fiILI.IF; A. ({HAIIATII of Nonal, Ataahn, inn'r+anal"Cur rofol,1,)d L•o tilt Chu Anni(Inor, 1 for TWJ IIIII,LAIIII real for other vnlunhlt# rvnmidvr'nLtonn, do I 'cl'�t' ►f�`_`a hrrl'nhy ,rrl(11(In 4111d Lr.o11►fwr to WILLIAM VLOYH .101111110f) nold ' MAlt.loillF; F;, ug1UfR1N, vthouu ndrlruutl I 1p,(l, llrnt 9,,00 Konnl, ! AUuska, hnrnlnafla�r rnfwrrrrd Lr, ,fit I.lu► Ar+rsl%iomy, fill of I;hntr inlnlvnN, In Lhu hnlrrvW'(Iwltoribild I,nann, wit -A) 1110 Clty _ of limiol an Lummus �� Lnnut# ronnrdrld in Dook ;16 4M fit ha(lo 216, and rlrlbisrrrl10010y nr,uNflud to (WIlf, A. UHAHATII find - 1111,14(, A. (IHAHATIJ, d0nd Any 1, tQ07( i 1,01; Vivo (0), Nlouk Vivo (6), CAOK 11114"T INDUIITHIA1, A111 PARK, rrarording co thtit Pint, ��. Lhurt#r►f f(1ud it) Cho Kalint Hr►oorrlin(I Dintrint, r o•�,'� -r' r: •;+�' Third +liodivial HiistrioC., flLwto of Alanka. o , To 1111410 nil(] to hold Lilo nrnna from tho date hnrc,ef ' IrdrtFYt� , r for not) dlll'in(I n)1 of Cliff rrmairl(Inr yet, to rtrlllfn of th0 Corm i of wnid Lnnr►n n(jrr<•t#lrlawt, ► IN WITI'lill"M WHI,IIROV, tilt# twill Awr►tgAoj,/s hnv(1 r {� b"Offrltq ("It Lhrtir• ilnllrin and nnoln thlo lot (Irsy of Ontabor, 1 i ` o "� j i ( I, JV, A. /IIJAIIAIII ` 1. Y,•rt-irfi7,K�r"7`„ri����r'i :�h�7''�fw�j�{jR{i'JI�'it' nTATI, oV AI,AfIV.A ) `. � � )firs, I 'flllllN JUIIIGiAL Ulli'1'i1N'I' ) — - i'hn tnr„r1u►og inf,t.rrlmnlll: vnll$ nr'hn(�wl+'rlJeri b0foru Inu Chin 1u1• rlay tit 011tuhnr, 1+u14, by OEM A. 014ANAI'II and --- 11114,114 A, (MAIIATIJ, H11'IhliY 1'010,10 Pod AI,ASKA Illy Cr)uUnlltnit'll Vy'lill-nal/7, V •e ' .[ 1 r I 1 'y. I.: a A , v ' t t 1 ' L , . i 1 1 , • 0 ASHIINMENT OF 1.F;A5r FOR :IrCUNTIY f'tIHPOsk:S WTLLIAM FLOYD JOHNSON and MARJOHIE E. JOHNSON, of Knnai, Alaska, hereinafter referred to as the Analge:ors, for Tun Dollars and other valuable connideratienn, do hereby nonign and trannfur to OENE A. GRANATH and BILLIE A. ORAIIATH, of P.O. Sox alb, Kenai, Alaska, hereinafter referred to an the Annignpon, all of their interest in the following doscrihed lonno, with the City of Kenai on LeBsor: Lease rocorded in Book 26-M at Pago 216. and nubnoquont•ly anstignod to OEIIE A. GRANATH and BILLIE A. GRANATH. dated May 1, 1967; Lot Five (5). Block Five (5), GOOK INLET INDUSTRIAL AIR PARK, according to that plat theroof filed in the Kenai Recording District, Third Judicial District, State of Alnnka. To have and to hold the same from the date hereof for and during all of the remainder yet to coma of the term of nail lease agreement. The Annignoo0 shall be privileged at any time hereafter to have the unrestricted right to roasoign any interest hereby acquired. It is further agreed that thin assignment does not obligato the assigneas to any of the provisions of the lease until or unless actual possession is taken by the annignaeo or their ouhanaignece. Thin assignment shall be void if the oaid aaaignoro shall perform all of the covenants, including any for the payment of money, contained in a promissory note for the payment of FIVE 11UNDRED TIIOUSAI1D DOLLARS ($500,000.00) and interest whit•h this date they mado and delLvered to said Asoigneon, and shall perform all of the covenants and fulfill all of thv t:9rrdttiono .e.rntained in the deed of trunt entered into between the fiaid a;nirynor•rs arid tho said annignees do a p,irt of Lhe tr•..,naaclAtin of which tho cro,rcion of rush Page One, Ass 1 a1;'a:NT _ F ,♦ a r/ r •. !F a � `r I r , I I indebtednrns is a part. � 1 In witness whearoof, the maid assignors have horounto not their handn and nnala this loth day of November, 1983. i ' I LAtI 1 Je HNSONN,n �nignor MppRJgRIk E. JOHNSON, Assignor STATE OF ALASKA ) )aa. THIRD JUDICIAL DISTRICT ) T foregoing instrument was acknowledged before me this, < _ day of November, 1983, by WILLIAM FLOYD JOHNSON and MARJORIE E. JOHNSON. A — „r ' NOTARY UliLIC FOR A A'�AsKSK-A My Commission Expires %a / -& P.igu Two, AS:;IGilf.F.NT `Y• la tl { ... i CITY OF KENAI ,., "Oil e�j �,Q,l a� �1��•�a„ ►. O. SOX 510 K1NA1. ALASKA 99611 11:IPNONI 913 . 1533 MEMO TO: Council FROM: Tom Wagoner, Mayor jo—� DATES November 22, 1983 SUBJECTS Items for Work Sessions; Capital Improvements The next list is a list of items I would like to see handled in a Council work session in Januarys It Discussion of relationship between City Council and the Kenai Advisory Planning and Zoning Commission. As sub -topics in this category for discussion I would list the following: A. Current and future status of Kenai's Advisory Planning and Zoning Commission. B. Who should have the responsibility of establishing the City of Kenai's capital improvements program? C. What should be Jeff Labahn'e involvement in providing support to the Planning and Zoning Commission? Next item on my list will be overall philosophy of the City of Kenai capital improvements. First item to discuss, if in fact the City of Kenai is not going to receive funds in the future from Juneau to carry out capital improvements, the Council needs to discuss the followings I. Is the City of Kenai and the Kenai Council prepared to continue to discuss and spend an extraordinary amount of its time in preparing a capital improvements list that seems to be getting us nowhere. 2. What items on the City capital improvement list is the City of Kenai willing to fund in manners other that waiting for State CIP monies? 1 . Y--' U r 3. What items on the current capital improvements list are really wants for the City of Kenai and not needs? Next item for discussion will be boards, commissions and committees. 1. A review of all boards, commissions and committees needs to take place. Next item for discussion is what should the City of Kenai do with income from non -airport City lands as the City lands are disposed of? Next items Knowing that the City of Kenai has spent several years looking primarily at large capital improvement projects. what should be the City Council 'a attitude in reviewing those projects and other needs that are currently existing within the City of Kenai of a smaller nature? 1. For example, Walker Lane sidewalk on the wrong side of the street. 2. Possible locations of small drainage projects to enhance drainage where problems exist on current City streets. Res Central Heights subdivision and far end Woodland subdivision. Next items Overall plan for beautification of the City of Kenai. 1. "Welcome to Kenai" sign. 2. Establish criteria that the City of Kenai wants followed in landscaping any area that is developed along the Spur Highway In the downtown business district. I feel if the City of Kenai wants to control the landscaping, they should be able to come up with a solution to the current problem and this control should be brought about by the willingness of the City of Kenai to participate in the cost of relandscaping developed areas. Next item for discussions If the City of Kenai is not successful in their endeavor to entice the FAA to move their development to the City of Kenai Airport, what should be the Council's next step as far as priorities go for the use of some of our capital improvement funds? TWs as 2 i . PAY A/c 717, 119ove. dr'v 9e ESTIMATE CITY OF KENAI N 0 S 6 (A Semi -Final) Project Haller Ever en b McKinley 3rd 4th, 27th & 32nd 983 Sanitary Sel•:e:r, 11ater Main & Street Improvements Contractor 2ubeck, IInc. Address Star Route 3 _Kenai. Alaska 99611 Project No. N/A Phone 907 283-7369 Period From 10_ ?_2-83/to 11-13-83100, ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount $1,785,076.00 V Net change by change orders 86,141.67 ✓ OAdjusted contract amount to date 1,871,217.57 ANALYSIS OF WORK COMPLETED 40 Original. contract work completed 1,753,666.55 � O5 Addition, from change ordQrs completed 74,80t.R1 ' G�t�tCt'lali Stored at close of period 0•00 0 Total varned S •0. " A - 1,828,468.36 OLess retainagtr of 5 1101•cent 91,423.42 ✓ 0 I'�ca! e:l:::t•.! t�+., 1�•r:li:t::.,�,�.C. = 1,737,044.94 Or •-•� ` , Lv �:c .1:.••!:::: , : ;•:•�r i i::. i:.l,•r:�•:1: < 1,727,030.04+ ✓ j I!a t:ul;v :::c ::::. t:a;+ r:�•:: t 10,014.90 Zubeck, Inc. I:::: In %•v r M. Tauriainen, P.F. .�u.a-�.._ ... lit, - //. i ago PAY ESTIMATE N0: CERTIFICATION OF CONTRACTOR :According to the boost of my knowledge and belief, 1 curtily that all items and amounts shown on the (see of this Periodic Estimate lot Partial Payment are correct: that all work has boon performed anJ,'or material supplied in full accordance with the requirements of the releren.ed Contract, and 'Or duly aushorisod deviations, substitutions, oltetasions, and'or additional that the forepoing is a true and correct 01.12e•nvnt of Cho contract account top to and including Cho long day of the period covered by this Periodic Estimate; that no part of the CAlance Due This Payment has bean received, and shag the undursigned and his subcontractors have -(Cheek lopp'teealo IAt+J a. r— Complivof with all the labor provisions of said contract. i b. C:. Complied with all the labor provisions of said contract except in those Instances where an honeat dispute exists with re• spec: to said labor provlsitsns. (it W is chocked. describe otlefly nature of dlepuoe•) i I I �f i _ .'vat% ���• By (Contractor) 016noturewAutholorisfol Representative) • w �� , 100, 1915— Title `' -•� ' I CERTIFICATION OF ARCHITECT OR ENGINEER 1 cattily that 1 hava chocked anJ verified Chu above And forupuing Perimlic Eatimatu far Itarriji Payments that to the best of my knowtudggu and hulivf it its a Cron: and correct statement 411 work porformuJ And'or IIIAIvriAl r.urrlied by the contraetsv; that ail walk and.'ur manurial included in this PuriW is Ltt.tintate has boon inspuctuof by gnu and 'ot by my Jusy authafixcd repruaentativa of .weistanal And that it has: bvun rvr(orma.l And/or supplieJ in full accordance with rvquiremvnts of situ re(urvneu contract; Atli :hit pattia iynlvnt elaimed And rvt(w stud by the contractur is correctly canopulv.l on she Wobs Ill wurk puriormud aloof 'or misc• goal sup Iv .t JACv. $iEnud Llrrhtlrel en,;r vrl •� ,7 '�i1� t7j' �(�:f�Yt , . ............... PREPAYMENT CERTIFICATION 6Y FIELD ENGINEER ».:: „............ _•............. 1 ................................... Chetk tot••• .Ir rr..wr.••n, ...,.rlr..q: �'• '.tl. 'Y .:1 ... 7••..... «.. • ' ' : .: lirr+o t6•• ..bn s+.errrrrt it,00effonloo. the natr• an: rvr.vt.•vi my Iner.. •►.•n ... .n . t, .... t • n•• :r. rl-i.•rt+ ,uil-t tl:: .. •..• .l-r. lug.. t .noel-• . I:.. ors ••tenon Pt.rt :ra• .I.tt.•ntvnt .l-i :u•a: •'r-rt : .I l-•, : . r l-•• •.. .nl'rtt .. • .t.: ttr.l•c, ::. rt •r: t.l:t..r +, u!•+. V. rn.:.•I fill- Mit :ill- :.not. e : rt.l- .::..alto tl-gm•.n•.i .t... , 1..tars•. .... ...rw J.. V.tl.t: .:nl:t tit. ..l-lU.r..to on .,t•.. w. •1. !•} r.: • ,w rt Is i:t• i von rvrtotr•..i tn.i 'or ,u, � 11ri l-:• • .•. ... . :fit• ... r .../�,,.. L'r. C cl.i . ,•1 :L. .al-::..' . -- • Z .i1-W Lnruwo,rf gloater t � .: unlb• ley U/t., el-1 .Uele) � .111110 tea` .�- ._ii'r�• -. ��•-- -,'.- • --lr ,. .. _,,, .. - s . �� .... .... :X� N �D --.3 CITY OF KENAI "lull G'aja" aj 4"0" P. O. BOX $80 KINAI. ALAINA 99611 " 7[LiPNONR 283 • 7536 December 1, 1983 TOs Mayor and Council of the City of Kenai FROMs Jack La Shot, City Engineer SUBJECT; Sprucewood Glen Subdivision In response to a request for an update on the progress of Ed Lawry's referenced subdivision, I will comment on the installation of improvements. Jeff Lebahn will address the lease agreement separately. The developer was not able to complete all of the improvements before bad weather; therefore, he could not file the final subdivision plat. He has indicated a desire to file this plat and poet a subdivision bond sufficient to cover the uncompleted portions. The Administration is now working out the details of this installation agreement. We have had some problems with the developer working before the plans and specifications were completely approved; however, he has substantially complied with our demands. He did retain an engineer for design, inspection, and surveying as required. JL/jet 2 ' r n a - KENAI PENINSULA BOROUG11 REGULAR ASSEMBLY MEETINGDECEMBER 6, 1983( 7:30 P.M.BOROUGH AOMIhIBTRATiON BUILOIN60LBOTHA. clpamp�Rovni ALASKAJOINT ASSEMBLY/SCHOOL BOARD WORKSESSION ON•THE CAPtENT3 FIVE YEAR PROGRAM WILL COMMENCE AT ss00 P M. - A. CALL TO ORDER Glick B• PLEOOB OF ALLEGIANCE Valli s.. Corr " Crawford C. INVOCATIONS Rev. RAY Ansel, Assembly of God Church Carey •• ` ROLL CALL Koena 8ewo11 �; .. E. VACANCY, DESIGNATION OR SEATING OF ASSENBLYNEMBER Nishhan •.;: - F. APPROVAL OF MINUTES Arness Joan G. COMWITTBB•REPORTS Gale Douglas •% H. AGENDA APPROVAL Clehhans j Dlmmick CONTINUATION -.OF NOVEMBBR 11 MEETING AGENDA K. CONSIDBRATION OF RESOLUTIONS .'� (b) e. s11.399 "Authorising the Resource Oevsiop• men omm scion to Expand Upp to 1e,000 for - the Publication of a ResldentLsI Promotions Document" (Mayor, Roq. Resource DOV, Coman.) Defeated 11.1 w/Reconsideration, ended w/smendment on floor 11.11 Rev. 83.199 Subst "Authorizing the Resoueee j,;;^y,�;;; �;,:.::j�;,;�;,;,y,;)•�"A Dove opme-a omm salon to Participate in Programs By Various Community Oraaanissstions _,,,,,;;�;�; inin the Dlssem•-.-^ stion of lnfotmation Conssetning the Outstanding Quslities and Resources of the Borough and to Spend Up to 18,000 in Assisting end Suppprting Such Programs" (Gimmick) (c) o s a Sale etca Boruth0fistentea dM6andiatodllLand Anderson" (Mayor I f: (d) s B3.2 S "Authorising a Negotiated Land Sale o er o n Oorou h Patented Lands to Arthur S. Robinson" (Nsyet , . (e) Nos. 13.106 "Authorising a Negotiated Land a o o ertain Borough Patented Lands to Floyd 0. Hill" (Nayor) (t) ads, 63.207 "Auth%, ising a Negotiated Land a e o ertain Borough Patented Lands to Toe N. Rollman" (Mayor) (9) Ree. 83.208 "Authorising a Negotiated Land • e o ertain Borough Patented Lands to Walter S. Sonen" (Mayer) (h) has. 83.209 "Authorising a Negotiated Land sale OT I Lottaln Borough Patented Lands to 1 John Fitthugh" (Mayor) i ft MR r) (l) Authorising a Hoetisted Lend s o rrtsin Borough Patented Land$ to Robert P. Harvey" (Mayor) 0) 110, 63.111 Amnd. Author/tin a Negotiated n a e oGates;,n Borough Patented Lands to James F. and Tholes tough (Mayor) (k) Authorlslns 0 No otiated Land s 01 Littlift Borough Patented Lend$ to Thoodore L. Whip" (Mayor) (Lot 369) Ii)uthorising a Re ofs tod Land • e 1114111t,630 Borough Patented L.t.de to Theodore L. Whip" (Mayor) (Lot 366) (e) at, 63•lt4 "Granting a special LOnd Us• Forestafe Cook Inlet Contyaetoff for 5201610 of 8401pnent and Material$ Nithln Let 1, 61ock 1 Three Nits Crook Subdi- vislon" (Mayors (e) at. 11410 ann OC ens OI existing Positions Within IN Kenai Peninsula Borough Maintenance Department" (Mayor) L. FINDING LIOISLATION N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON tug MIRTING AGENDA N. MAYOR'S REPORT 0. OTHER BUSINESS (e) furniture end equipment List for Storling. Coe er Lending. Turtunfas, RslltornskY. Nib ski and McNt/1 Canyon Elementary School$ P. ASSEMBLY AND MAYOR'S COMMENT$ . Q• NOTLCONTTAAIINNEDTINgTPUBLIC E ASSEIMBLY'S AGENDA UPON MATTERS R. INFORMATIONAL NATBRIALS AND REPORTS S. NOTICE OF PORT ME/TING • DECEMBER 6. 1963 M8BTIN0 AGENDA A. CALL TO 02090 B. PLEDGE OF ALLIOIANCa C. INVOCATION 0. NOLL CALL E. VACANCY, DESIGNATION ON 61ATING Of ABBEMILYMIMNBR P. APPROVAL OF MINUTES OF November II. loss �0• COIMITTEB RDFORTB/APPOINTMENTS N. AGENDA APPROVAL 1. ORDINANCE HEARINGS (a) 9rd. 63-79 "ResonlnA the Sy eq Sy N84of sectldn�T. T6N 01 N S.N., City of Kenai, from qural Restsentlal District to Qenerel Commercial District end tA0 Baelaosllleselon Of the Land Use Plan" (Mayor) (b) d�It3�-!0 "Refund a portion of Government pots end $1. Section 34, 160. REIN S.M., City of Kanti, from suburban Rooldentill to General Conarclal District" (Mayor) (e) Ord, t)•46 "R#Boeing of a Portion of Section . ItN City at Kenai from Rural Residential (IIR) to Suburban ROalOant101 (RS) and Conservation (C) District" (Mayor) (d) pp,,d.. 1111-06 'Rotoning Lot 11. Block t, Iris el1"gT�bd., City of Soldotne, troe Ktotdentist to General susines$ District and Reel Gasification of the Soldotna Land Use Map" (Mayor) (a) Otd._ 13•Ky "Authorlffnl Rec•1vt of 14,936 tom ea —State of Ales a, Ospt. of Natural l91aternl rliIlog 40PNntndPsoneTanng"Miyor) (f) 2rdpc or rrains A►ire 6 Eing mergBoundaries nccyydMod csltService Area to 0010te Lots 3, e 6 11 It I3, 10. 1? 10 6 31, Block II Loh t t 1. 6ioek :s anb Lots 9, 10 6 11 Block a Starichkolf Co 00 estaw Plot MAIMS Nlihln section 18. Tag, 1 1111, S.M." (Mayor) (B) Ord.r1300 "Begone Lose 11 and it, Block Is, o • �dition, section 10, 710. RIP, to Lialtod Commercial (CL) District. City of Berard" (mayor) J. INTRODUCTION OP ORDINANCES (e) Q(d, 11.01 "Authorlslnt eke Reeelpt of tt0 916 r • Bet• of Aga a she Rortment of Punic sagaey, ter the Purchase of Misno and posts for the ldsnelflestion of gersste and Intersoeelons OutaIda the Clelea Within the Kenal Peninsula Dorough Ono to Provide tot Service Arse Funding of 81En tnstallotied." (Noyor) (b)'"MpeslinI Chapter 11.11 Of the Kenai u a tough Co 0 Pertaining to Prohibitions of Nosiou$, inurloua or Hazardous Uses of Pro - *fey" Mussels e) rd 6 • •'ROfo • of Pro sed Lots 1.1 of Block ( n o 1.0 0[ Bloch 1,Strawberr Hill estates Section 6 TIN RION, S.M., City of Renal from Rural Residential to Oonorol Commercial District and an Amendment to the Kenai Land Use Pldn" (Mayor) (d) Otdq•0I "ppoalin Chapter 10.18 of the Kenai to G Borough Cone Pertaining to IO(Grae4 Consent Procedures In Connection With Abortions" (Dlsnntok/loon/Keens/Stdphons/Dale) K. CONSIDERATION OF RBSOLUTIONO 0 (e) PP. -A. Worley oroj•etnan th0 LSRTKPtejr,Wl (Amuq (b) R�110 "Approving Addict onal Regulations P rou u of for the Operation of the South Prnlnsuto Road Maintenance Service Area" (Dlmaiek) 1 (e) rNk'12111tennidloyloduct "Requeattn That the Alaska Door. of lon and Pubtit facilities UpP►edo the N$ In the Jones Peninsula orough Inea the Schools In Anchor Point and Speed Limits Through Anchor point and Nlnllehlk" (Olmmlek/pou/lesl i (d) �j#["Amendment Authorlttn Nrc$1 t of o a Pundo and an Increase In the PY 63-8e Budget got the oil System" (Neosho") (0) off. 8u-i23 'Directing the Borough Attorney to FfOfState otof Alaoi,alnlto tho Abortion fngoiiid Consent CuM' (Nash) Iry BaN,_e} 10 "Ostablishins a Committee to study an a us r the Prospects of Borcugh Owned Hospital• to make Roeosunrnaaeions for either Bale or go section- (NeGahan) L. PENDING LBOISLATION i (a) Oro. 83.89 "Rescue Trott C, R. M. Thompson Subdivision Clom;tr1' of Wants. emetic" t6 16N to RuralNRes/dentialt(OR) Districrial t-L(Mayor)f1!3-{e N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTER$ NOT ON TNB NESTING AGENDA (a) Road Programs Jack Dannohy and Gone McBride N. MAYOR'S Repo" (a) Financial Report, November toes (b) Lompllght Road (a) Resurrection River Road (4) Settlement of $erord Nigh School Root Suit 0. OTHER BUSINESS (a) Ord. 03.00 "Providing for the Disposition of Certain Borough selected Lands to the General ml ,Moot* PointlSoso", (electsdtaiNLK�a11•t{ shRot) (b) ►umisure 6 equipment List for Nikleh/ McNeil Canyon, Ralttomskrr Booth, Tuatumene elementary Schools (dated 11.13•t3) P. ASSEMBLY AND MAYOR'S COMMENTS Q- NOTLCONTAIINNED IN6THE6ASSEMBLY'S AGENDA UPON MATTERS ' R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF PERT MINTING I ADJOURNMENT (January 3. 106$) �NPO KENAI PENINSULA G©RO4.8(r H BOX BSQ - BOLQOTNA. ALASKA 99669 Y PHONE262•AAAI November 29, 1983 � STANMAOORPSON 6.1-1ps % ti • AFC 1 P. ell V , • M O�, , a No qf� r TO: CITY CLERKS FROM: Frances Brymer, Borough Clerk SUBJ: ELECTIONS In tabulating borough/city election costs for 1983, we expended: $15,549.69 (printed registers & covers; envelopes; ballot jackets, containers, secrecy seals; consulting services; 3 trips to Anchorage (+ pick up free key punch); ballot printing, data vote card stock, tape and ribbons, pins, pens, pencils, tallies, signs, instructions, postage & telephone) 5,778.08 (publications, including display w/punch instructions) 10 139.67 (Labor: OP centers, election judges,polling places) 31,467.44 J Cost for city ballot printing and gang punches were not separated, however, roughly these costs, plus judges and card stock figures out as: # Ballots Card Stock Judges City Punches @310 + Tests @ .13 @ .04 & Poll. Total Homer 5 $50 00unc2700Total 401.001ot108.00 1745.75 $22 54.75 Sold. 3 $30.00 1900 277.00 76.00 886.25 1239.25 Kenai 7 $70.00 3850 570.50 154.00 1420.50 2145.00 Seward 960.50 The costs reflected above does not include the programming, D.P. testing, and misc. supplies which for cities would be, in most cases, minimal. These figures probably will not mean much to you in budgeting for coming elections, however, it does provide a basis for considering methods and procedures for future elections. W� J tr■�rt�i r r 0 Page 2. , November 29, 1983 r_� In October 1983 we used the same Judges,/Telncass ni hams (except Seward) and supplies. After getting another year or two experience using the PEPS voting system and tracking costs, perhaps we could consider contract- ing city regular elections for a fee. Kathy Herold approached this subject ` at one of our election meetings. Hopefully, our election ordinance will be revised to back up the date for filing Declarations of Candidacy to Aug. 1 thru Aug. 15 and back up the dates for final actions on ballot propositions to the same time frame. We can then proceed with programming and testing well in advance without all the hectic rush and chance for error. If the borough contracted the regular elections for cities, the city clerk would still 1 take care of'0eclarations of Candidacy for city positions 2 rough draft the city ballot(s) 3 publish vacancy notice, notice of election & city bonded indebtedness 4 provide absentee voting for city and borough 5 canvass absentees and questioned ballots as provided by city ord. k 6 certify final results of election (provide State w/history as required) The borough would 1 order ballot stock 2 prepare official ballots and computer program and testing 3 have printed ballots and supplies distributed to precincts 4 hire judges and DIP personnel 5 provide election returns on election night 6 issue city and borough absentee ballots 7 return absentee/questioned ballots & results to city following election 31 shred unused ballots 9 store election records as provided by retention periods(and furnish voter history to State as required) Presently we are more or less following the above procedure. If we continue with the PEPS Program there are certain costs the borough will have regardless of whether we add the cities or not. This is just food for thought and perhaps later on down the line we can work out procedures for election services on a contract basis. Enclosed is copy of assembly calendar for 1904, which may be of some benefit to you. Sincerely, J l Frances 8r rter I: •.*�•itu4e.4:�tJ�.t:irsauc.-Niatsi�ZS�j ....�lalaiirNsiwti�iJ�f.•:.!ww�^�1`YY? �..i.� ■� INN - � NOTICE OFUTILITYTARIFF PILING The ALASKA PUBLIC UTILITIES CO.MISSION hereby gives notice that KENAI UTILITY SERVICE CORPORATION (KUSCO), a gas util- ity, has filed 3 tariff rovtsion (TA1S-89) which provides for a now customer surcharge, a Municipal Facilities Relocation Cost Adjustment (NFRCA). KUSCO states that the purpose of the MPRCA is to recover costa associated with the relocation of gas facilities for the City of Kenai. The 14PRCA surcharge 10 to be added to the bill of all customers served within a municipality requiring the relocation of facilities. KUSCO proposes that the amount of the surchargo be determined using the following formula: 14PRCA Surcharge w IFRCA D@Eerred Debit Account Aumbee o ustomers 5111ea Trs the Prior Month KUSCO states that the maximum IIPRCA billed in any month would be $10.00. If after investigation the Commission finds a rate or classification different from that proposed by KUSCO is reason- abla, tha Commission may approve a rate or classification which varies from that proposed. Detailed information may be obtained from the utility whose address is P. 0. Box 614, Kenai, Alaska 99611. The filing may be inspected at the offices of the Alaska Public Utilities Commission, 420 L Street, Suite 100, Anchorage, Alaska 99501-1997. Any interested person may file a statement of views favoring or opposing this tariff filing with the Alaska Public Utilities Commission on or before December 30, 1983. As required by the Alaska Administrative Code, any statement filed with the Commission should clearly affirm that the interested person has filed a true copy of the statement with KUSCO. DATED at Anchorage, Alaska, this Ist day of December, 1983. ALASKA PUBLIC UTILITIES COMMISSION 0 n 8fa . gh ecutiv3 Directo g,•'�34Ss�.0 B ywi993 3qq Ir •� Li �'Y, ':iti Lf xwN i 2 0 -CAI r=O-7 CITY OF KENAI 1110d (?apdai 4 44a4aff ►. O. 10X NO KENAI, ALASXA 99611 TELIPMON! 283 • flab December 2, 1983 MEMORANDUM TO: Kenai City Council FROMs eff Labahn, Land Manager REs City Population Estimate/1983 The City of Kenai has completed the preparation of an updated population estimate for 1983. This information has been submitted to Alaska Department of Community and Regional Affairs for their review and acceptance. The authorized population figure will be utilized for State Revenue Sharing and.Municipal Assistance Fund payment calculations. An estimated 460 persons were added to the municipal population base between July 1, 1982 and July 1, 1983. A total of 170 new housing units were completed during this period. therefore, a municipal population estimate of 5,721 persons has been established by the City of Kenai. CITY OF KENAI POPULATION HISTORY Year Population Source 1980 4,324 Federal Census 1981 4,558 State Dept. of Labor Estimate 1982 5,231 Borough Census 5,261 State Dept. of Labor Revision 1983 59721 City of Kenai Estimate JL/dg J 6 CITY OF KENAI �%Od Oap4ai 4 4"-- I. O. 10% NO K/NA1, ALASKA 9"11 " 1111►140NO 213 • 761/ iL�L] TO: Members of the Kenai City Council I FROM: Tom Wagoner, Mayorj,0 , REt Appointments to Community Center and Airport Boards j DATE: December 2, 1983 . r When appointing people to the boards as allowed by Resolution No. 83-146 passed on the 16th of November, and Resolution No. 63-157 passed on November 30, 1 have triad to hold down the number on the committee and yet achieve a representative cross-section of either the community or people from the area u surrounding the community which is affected by each resolution. At this time the following people have accepted appointments to work on the Community Center. They aret 1. Louisa Miller 2. Connie Keevil 3. Tom Murphy 4. Penny Dyer 5. Jim Carter 6. Jim Evanson 7. Leroy Heinrich 8. Lon Hole 9. Ron Malston, who has agreed to not only serve on the committee, but also serve as committee chairman. Additionally, Councilwoman Bailie will serve as liaison between the community center committee and the City Council. - - ------- Appointments to the Airport Committee will be as follows: 1. Jerry Sibley 2. Bud Lofstedt 3. Al Jones 4. Phil Ames 5. Bob Oleson 6. Bob Bielefeld 1 F Ray Measles will serve as liaison between the Airport Committee and the City Council. TW/md .io -o� .. r "Y v J . i 2 I: t t L ..i 1 4. I� • 1 I 1 F REYNOLDS & LLOYD A PUBLIC RELATIONS PROPOSAL for THE CITY OF KENAI Prepared by REYNOLDS 6 LLOYD, INC. December, 1983 i f� +I j i 1 j 433 West Ninth Ave Anchorage, Alaska 99501 • (907) 279-0478 CONTENTS Introduction ..................... The Proposed Campaign.............. 3 Timing .......... ............ 6 Budget Estimate ........*&*****.*# off* 7 Conclusion ...... 9 General Agency Information.....Appendix INTRODUCTION Like other communities throughout Alaska, the City of Kenai is now preparing to approach the 1984 state legislature with capital projects funding proposals. In Kenai's case, a city council resolution has been passed requesting state funding for five, high priority projects "for facilities that are of an area -wide nature used extensively by people throughout the state of Alaska, but are maintained, operated and supported solely by the City of Kenai." The five projects established as top priorities for funding this year by the City Council are; 1. Library Addition $ 700,000 2. Extend Airport Apron $2, 750, 000 3. Harbor Bulkhead, Dredging Dock $1, 900, 000 4. Civic Center $2,125, 000 S. Extend North Taxiway, Kenai Airport $1, 700, 000 At the request of City Manager Bill Brighton and Harbor Commission Chairman John Williams, Reynolds S Lloyd has prepared this proposal for a public relations program designed to assist the City in its efforts to achieve state funding for the above projects. -1- I i If our proposal is approved by the City Council, Reynolds 6 Lloyd will work "behind the scenes" to support the work Mr. Brighton and others will be doing to steer Kenai's proposals successfully through the legislature, the governor's office and other administrative agencies. This will be done primarily by providing professionally - produced support materials, and also by generating favorable publicity for Kenai's proposals in Southcentrai and statewide media. We wish to emphasize that Reynolds S Lloyd is not a lobbying firm, and we do not propose to represent the City of Kenai directly in any political arena. Rather, our expertise Is in the area of public communications, and we will use our skills to provide tools and support, enhancing the efforts of Kenai's political representatives. O R t . scrams THE PROPOSED CAMPAIGN During the upcoming legislative session, Reynolds S Lloyd will coordinate a public relations campaign in favor of Kenai's "regional development plan"-- the five projects designated as top priorities by the City Council. The entire campaign will stress the regional and even statewide importance of the projects. It will also stress the fact that yours is one of the fastest -growing areas in Alaska and that, as a center of petroleum industry activity, Kenai sends huge amounts of revenue to Juneau without receiving a fair share in return. The primary elements of the proposed campaign are as follows: Brochure A brochure will be produced, explaining in a clear, factual, no- nonsense style what Kenai's regional development plan is all about and why I should be funded by the state. The brochure will be designed for distribution by the City to legislators, state officials, the media, business and community leaders and other interested parties. Speaking Enclagements Reynolds S Lloyd will arrange for representatives of the City of Kenai to make presentations on the regional development plan to such organizations as the Resource Development Council, Commonwealth - 3- q r I •• I North, Chambers of Commerce, Rotary Clubs, engineering and business organizations, etc. These speaking engagements will provide opportunities to explalti and "sell" Kenai's projects directly to a large number of people whose j interest in economic development issues is strong. These groups and their members play an active role in defining and Influencing j capital project funding priorities. In some cases, their meetings , ,,• are also reported on by the press, creating opportunities to generate mass media coverage of Kenai's proposed projects. c Reynolds S Lloyd will write a speech on the regional development plan to be delivered at these meetings and will "customize" the speech to suit the needs of individual groups or to accomodate situational l changes throughout the course of the campaign. We will also produce a manually -controlled, single projector slide presentation to illustrate i ( the speech. The slide show will also be useful for private presentations to small groups of legislators and other key derision -makers. Publicity j.. Kenai's regional development plan is very newsworthy. The media, approached correctly and with the right materials, will give a significant amount of favorable news coverage to this type of story. Publicity will help build public interest and, of course, It will also be noted i.: by state officials and legislators. N:. J Reynolds S Lloyd will produce a complete press kit, including a news release on the overall regional development plan, fact sheets — — on the individual projects, a "backgrounder" on Kenai and its contribution to the state economy, and photos, schematics, renderings, charts and other graphics as appropriate. -4- This press kit will be provided to daily and weekly newspapers throughout Alaska, the Alaska Journal of Commerce, Alaska business and Industry Magazine, Alaska Construction and Oil, television and radio stations throughout Southcentral, and to Seattle dailies and business publications. The media will be directly approached and "sold" on the Importance of this story by Reynolds S Lloyd. We have good contacts and a high degree of credibility with editors and news directors, established by working with them on an almost daily basis. Given the nature of publicity, Reynolds S Lloyd cannot guarantee coverage in all media approached. We can, however, guarantee that a story with the importance and intrinsic interest of this one will be well and favorably reported. We will also develop and distribute two or three follow-up news releases per month on the overall plan or individual projects. This will help to keep Kenai's proposals in the public eye throughout the legislative session. 'r, P TIMING I It we get the go-ahead to begin work by late December, the campaign mid -February, and the brochure by March 1. i f I I i f I �1 1 . r „ f - 6- - n i ' J i Y' BUDGET ESTIMATE December 15, 1983 - May 31, 1984 The following budget estimate is as accurate as possible based on the information now available to Reynolds E Lloyd. A 15% contingency has been included to allow for unforeseen situations and minor changes of plan. Brochure $ 6,000.00 One or two colors; 2500 copies; copywriting; design; mechanical production; printing. Speechwrlting $ 11500.00 Slide Presentation $ 2, 000.00 Collect and evaluate available slides; produce new photos and graphics to illustrate and explain projects and benefits; key visuals to speech. Press Kit $ 3,500.00 Research; writing; collection and/or creation of charts, illustrations, photos, graphics; printing; distribution; media relations. _7_ I ' • i i ; i 1 '.M Coneral Account Management $ 3,000.00 Client liaison, project coordination; follow-up news releases during March, April and May; arrangement of speaking engagements; miscellaneous. �( Travel $ 500.00 o . Contingency (15c) $ 2,475.00 ` a - TOTAL Estimate $ 18, 975.00 . ; We recommend that the City of Kenai create a "not -to - based on the above estimate. Reynolds 6 Lloyd wit' budgets for approval before work gets underwa, project. F I• � E I .: r1 i j CONCLUSION The City of Kenai will be requesting state appropriations of approxi $7 million for the five, high priority capital projects mentioned in the first section of this proposal. As requested, Reynolds B Lloyd has designed a public relations campaign to support and enhance the City's political efforts to secure the state funding. Our company will provide effective tools, such as a brochure and slide presentation, which can be used by City representatives to help pursuade decision -makers to fund Kenai's requests. We will also work to develop public awareness and support of Kenai's region development plan, both through the mass media and through speakir engagements targeted at Alaska's opinion leaders on economic develo ment issues. Reynolds 8 Lloyd can make a major contribution to the success of Kenai's state funding requests in 1984. We hope we will be able to begin work soon on this very important project. -9- . 'I! - - _. JL AT- �i REYNOLDS & LLOYD GI"NFRAL AGENCY INFORMATION Reynolds L Lloyd is the public relations affiliate of T.N. Reynolds, Inc., one of Alaska's leading advertlsing agencies. As such, Reynolds 9 Lloyd specializes in Important areas of marketing, communication and image -making, other than paid advertising. Public relations efforts can by designed and Implemantcd independently, or coordinated Into overall marketing campaigns through our close affiliation with T.H. Reynolds and Young 6 Rubicam/D©nsu International. ` 433'Nest Plinth Ave, Anchorage, Alaska 99501 • (907) 279 0478 i � u t ifs 4-, . . r. , The following are among the professional services offered to Reynolds B Lloyd clients: Alarket Analysis and CampaaI n Design A well thought out, carefully targeted public relations program can benefit virtually any type of business. The first step is a thorough situation analysis, followed by the setting of explicit goals and objectives. It then becomes possible to recommend a communication program designed around a specific set of strategies, and to provide a budget estimate for the proposed campaign. Reynolds & Lloyd provides these services to potential clients without charge and without obligation. Publicity, Nowswriting and Media Relations Working on a daily basis with the media In Anchorage and throughout Alaska, Reynolds & Lloyd has developed a great deal of media relations expertise and built a reputation for professionalism and trustworthiness. The result, quite often, is extensive, favorable publicity for our clients. We are practiced at identifying those aspects of a client's activities which are newsworthy, providing information to the media in easily useable form; and "selling" the stories to editors and news directors. Market and Public Opinion Research No business curt u0ieve its full potential without complete, accurate and reliable Information. Research professionally designed, implemented and analysed by Reynolds & Lloyd can give our clients an important competitive, advantage. We are qualified to undertake many types of research, from in-depth, small group Interviews to telephone surveys re,aOtIng huivdrods of randomly selected or pre-screened respondents. H� x� i Publication Design, Writing and Production Reynolds L Lloyd produces a wide variety of creatively conceived, well -written, cost effective printed materials. Newsletters, brochures, direct mail packages, leaflets and invitations are among the means we frequently use to deliver our clients' messages directly to appropriate target audiences. Sperial Events Planning and Execution A truly distinctive special event Is one ,)f the most effective means a business can use to communicate with customers, potential customers and the general public. Reynolds E Lloyd designs and coordinates "special" special events: events that are fun, memorable and, just as Important, appropriate to the objectives of our clients. I Promotions • Promotions involving sports, travel, entertainment and community events are a Reynolds S Lloyd specialty. Our strong ties with the media, promoters, and community organizations often make It possible to structure contests and other types of promotions that generate a great deal of favorable exposure for our clients at very reasonable cost. r F ' j ,� Ith CURRENT CLIENT LIST December 1, 1983 Alaska Continental Bank I Alaska Steel Alaska Support Industry Alliance Alaska Women's Run City of Nome Crowntree Homes Home Savings and Loan' i Last Front Tear Events The Mall at Sears MultiVisions Stephan Fine Arts Galleries i - z I I' r d' x! KEY PERSONNEL JACK LLOYD, PRESIDENT Before affiliating with T.H. Reynolds at the beginning of 1983, Jack Lloyd was self-employed as an independent public relations consultant In Alaska. He previously served as public affairs director for MultiVlsions, as an account executive for Murray, Bradley and Peterson Public Relations and, from 1977-1980, as marketing director for Alaska Repertory Theatre. He holds a masters degree in political science and is a Phi Beta Kappa graduate of Michigan State University. BERNADETTE STECHMAN, ACCOUNT 'COORDINATOR /STAFF WRITER Bernadette Stechman's work with Reynolds 8 Lloyd comes after she received a B.A. Degree from the University of Alaska, where she majored in Journalism and minored in Public Relations. She served har internship at Bean Public Relations. Formerly, she had worked as a freelance writer for Alyeska Pipeline, the Anchorage Daily News, hlultiVisions, and SOHIO. She also has a B.A. Degree in Education from Northeastern Illinois University, and has experience in the fields of personnel management and employee relations. is ' a r IBELrl r REYNOLDS & LLOYD r: A PUBLIC RELATIONS PROPOSAL for THE CITY OF KENAI ' y Prepared by ' REYNOLDS S LLOYD, INC. - December, 1983 1 I f J 433 West Ninth Ave Anchorage, Alaska 99801 • (907) 279.0478LoL }t r. 11 F • • (/ F--�-- -••�- .— - — --- -- - - _- _ _ _ _ _ _ _ _ __ _ � _, . _ _ _ter- _ �V CONTENTS u Introduction ......................... 1 " . The Proposed Campaign... 3 ,. Timing. ................. 609990900**00 6 Budget Estimate ...................... 7 Conclusion. o. o ... 9 General Agency Information, .... Append ix .W I I j 3 I � U r rf r _ . F�. 1 • u j � r ;i 40 W-f• i > 5 . 1 INTRODUCTION Like other communities throughout Alaska, the City of Kenai is now preparing to approach the 1984 state legislature with capital projects funding proposals. In Kenai's case, a city council resolution has been passed requesting state funding for five, high priority projects "for facilities that are of an area -wide nature used extensively by people throughout the state of Alaska, but are maintained, operated and supported solely by the City of Kenai." The five projects established as top priorities for funding this year by the City Council are: 1. Library Addition $ 700,000 1� 2. Extend Airport Apron $2, 750, 000 3. Harbor Bulkhead, Dredging Dock $1, 900, 000 I 4. Civic Center $2,125, 000 S. Extend North Taxiway, Kenai - Airport $1, 700, 000 i `.. _ . At the request of City Manager Bill Brighton and Harbor Commission Chairman John Williams, Reynolds S Lloyd has prepared this proposal for a public relations program designed to assist the City in Its - efforts to achieve state funding for the above projects. -1- .y r If our proposal is approved by the City Council, Reynolds 8 Lloyd will work "behind the scenes" to support the work Mr. Brighton and others will be doing to steer Kenai's proposals successfully through the legislature, the governor's office and other administrative agencies. This will be done primarily by providing professionally - produced support materials, and also by generating favorable publicity .. for Kenai's proposals in Southcentral and statewide media. We wish to emphasize that Reynolds & Lloyd is not a lobbying firm, and we do not propose to represent the City of Kenai directly in any political arena. Rather, our expertise is in the area of public communications, and we will use our skills to provide tools and support, enhancing the efforts of Kenai's political representatives. -a- �- I i ,:., THE PROPOSED CAMPAIGN During the upcoming legislative session, Reynolds E Lloyd will coordinate a public relations campaign in favor of Kenai's "regional development plan"-- the five projects designated as top priorities by the City Council. The entire campaign will stress the regional and even statewide importance of the projects. It will also stress the fact that yours is one of the fastest -growing areas in Alaska and that, as a center of petroleum industry activity, Kenai sends huge amounts of revenue to Juneau without receiving a fair share in ro•urn. The primary elements of the proposed campaign are as follows: Brochure A brochure will be produced, explaining in a clear, factual, no- nonsense style what Kenai's regional development plan is all about and why it should be funded by the state. The brochure will be designed for distribution by the City to legislators, state officials, the media, business and community leaders and other Interested parties. Speaking Enaaaements Reynolds 8 Lloyd will arrange for representatives of the City of Kenai to make presentations on the regional development plan to such organizations as the Resource Development Council, Commonwealth -3- N .. lI? North, Chambers of Commerce, Rotary Clubs, engineering and business organizations, etc. These speaking engagements will provide opportunities to explain and "sell" Kenai's projects directly to a large number of people whose interest in economic development issues is strong. These groups and their members play an active role in defining and influencing capital project funding priorities. In some cases, their meetings are also reported on by the press, creating opportunities to generate mass media coverage of Kenai's proposed projects. Reynolds & Lloyd will write a speech on the regional development plan to be delivered at these meetings and will "customize" the speech to suit the needs of individual groups or to accomodate situational changes throughout the course of the campaign. We will also produce a. manually -controlled, single projector slide presentation to illustrate the speech. The slide show will also be useful for private presentations to small groups of legislators and other key decision -makers. Pub- Iicity Kenai's regional development plan is very newsworthy. The media, approached correctly and with the right materials, will give a significant amount of favorable news coverage to this type of story. Publicity will help build public interest and, of course, it will also be noted by state officials and legislators. Reynolds & Lloyd will produce a complete press kit, including a news release on the overall regional development plan, fact sheets on the individual projects, a "backgrounder" on Kenai and its contribution to the state economy, and photos, schematics, renderings, charts and other graphics as appropriate. -4- ' .r ,y M -moo fi+U�i(�W �• This press kit will be provided to daily and weekly newspapers throughout Alaska, the Alaska Journal of Commerce, Alaska Business and Industry Magazine, Alaska Construction and Oil, television and radio stations throughout Southcentral, and to Seattle dailies and business publications. - The media will be directly approached and "sold" on the importance of this story by Reynolds 8 Lloyd. We have good contacts and a high degree of credibility with editors and news directors, established by working with them on an almost daily basis. Given the nature of publicity, Reynolds & Lloyd cannot guarantee coverage In all media approached. We can, however, guarantee that a story - with the importance and Intrinsic interest of this one will be well and favorably reported. We will also develop and distribute two or three follow-up news releases per month on the overall plan or individual projects. This will help to keep Kenai's proposals In the public eye throughout the legislative session. -S- i r - - N e . r. I TIMING If we get the go-ahead to begin work by late December, the campaign will begin with the distribution of the press kit in early February. The speech and slide presentation can also be ready by early to _.. mid -February, and the brochure by March 1. -6- i BUDGET ESTIMATE December 15, 1983 - May 31, 1984 The following budget estimate is as accurate as possible based on the information now available to Reynolds 8 Lloyd. A 15% contingency has been included to allow for unforeseen situations and minor changes - of plan. Brochure $ 6,000.00 One or two colors; 2500 copies; copywriting; design; mechanical production; printing. Speechwriting $ 1,500.00 Slide Prosentation $ 2,000.00 Collect and evaluate available �._ slides; produce new photos and graphics to illustrate and explain projects and Benefits; key visuals ` to speech. Press Kit $ 3,500.00 ,:.y.. Research; writing; collection and/or creation of charts, Illustrations, photos, graphics; printing; distribution; media relations. g--- -7- I : r r i F L General Account Management $ 3,000.00 Client liaison, project coordination; follow-up news releases during March, April and May; arrangement - - ` of speaking engagements; miscellaneous. Travel $ 500.00 Contingency (I S%) $ _ 2, 478. 00 TOTAL Estimate $ 1.0 975.00 �� We recommend that the City of Kenai create a "not -to - based on the above estimate. Reynolds s Lloyd w10" budgets for approval before work gets underwa• project. I`L F r� I { q 1. - .. I - t . i� i o JI I , n _ r r �1/nai7 w. i CONCLUSION The City of Kenai will be requesting state appropriations of approximately $7 million for the five, high priority capital projects mentioned in the first section of this proposal. As requested, Reynolds & Lloyd has designed a public relations campaign to support and enhance the City's political efforts to secure the state funding. Our company will provide effective tools, such as a brochure and slide presentation, which can be used by City representatives to help pursuade decision -makers to fund Kenai's requests. We will also work to develop public awareness and support of Kenai's regional development plan, both through the mass media and through speaking engagements targeted at Alaska's opinion leaders on economic develop- ment issues. Reynolds L Lloyd can make a major contribution to the success of Kenai's state funding requests in 1984. We hope we will be able to begin work soon on this very important project. _9- as .r 8 a, • ME: YNOLDS & LLOYD GENERAL AGENCY INFORMATION Reynolds E Lloyd is the public relations affiliate of T.H. Reynolds, Inc., one of Alaska's leading advertising agencies. As such, Reynolds e Lloyd specializes in important areas of marketing, communication and image -making, other than paid advertising. Public relations efforts can be designed and Implemented Independently, or coordinated Into overall marketing campaigns through our close affiliation with T.H. Reynolds and Young & Rublcam/Dense International. West Ninth Ava Anchorage Alaska 99504 • (907) 279.0478 1 . . r ro " Y , , t The following are among the professional services offered to Reynolds B Lloyd clients; Market Analysis and Campaign Design A well thought out, carefully targeted public relations program can benefit virtually any type of business. The first step is a thorough situation analysis, followed by the setting of explicit goals and objectives. It then becomes possible to recommend a communication program designed around a specific set of strategies, and to provide a budget estimate for the proposed campaign. Reynolds a Lloyd provides these services to potential clients without charge and without obligation. Publicity, Newswriting and Media Relations Working on a daily basis with the media In Anchorage and throughout Alaska, Reynolds & Lloyd has developed a great deal of media relations expertise and built a reputation for professionalism and trustworthiness. The result, quite often, is extensive, favorable publicity for our clients. We are practiced at identifying those aspects of a client's activities which are newsworthy, providing Information to the media in easily useable form, and "selling" the stories to editors and news directors. Market and Public Opinion Research No business can achieve its full potential without complete, accurate and reliable information. Research professionally designed, implemented and analysed by Reynolds L Lloyd can give our clients an Important competitive advantage. We are qualified to undertake many types of research, from in-depth, small group interviews to telephone surveys reaching hundreds of randomly selected or pre-screened respondents. G � I 1 I 1 r i Publication Design, Writing and Production Reynolds & Lloyd produces a wide variety of creatively conceived, well -written, cost effective printed materials. Newsletters, brochures, direct mail packages, leaflets and invitations are among the means _ we frequently use to deliver our clients' messages directly to appropriate target audiences. Special Events Planning and Execution A truly distinctive special event Is one of the most effective means a business can use to communicate with customers, potential customers and the general public. Reynolds & Lloyd designs and coordinates especial" special events: events that are fun, memorable and, just as important, appropriate to the objectives of our clients. Promotions Promotions involving sports, travel, entertainment and community events are a Reynolds 8 Lloyd specialty. Our strong ties with the media, promoters, and community organizations often make it possible to structure contests and other types of promotions that generate a great deal of favorable exposure for our clients at very reasonable cost. �. J !�' �JL i►�i�rratiw'b+r:�:r�r`u�sr���,��,-,iui�„���/1�+� r � r � �::.�i�lr`I■risMos� `� t� 1 i CURRENT CLIENT LIST - - December 1, 1983 Alaska Continental Bank Alaska Steel Alaska Support Industry Alliance Alaska Women's Run City of Nome Crowntree Homes u Home Savings and Loan Last Front Tear Events ' The Mall at Sears MultlVisions Stephan Fine Arts Galleries r I s 1 i i s H r. n I I t �- % .. - .• .tTr .ter -e-.+r--- �-���..... �i �.-____•! �__. - l/ • u I I,I KEY PERSONNEL JACK LLOYD, PRESIDENT Before affiliating with T.H. Reynolds at the beginning of 1983, Jack Lloyd was self-employed as an independent public relations consultant In Alaska. He previously served as public affairs director for MultiVisions, as an account executive for Murray, Bradley and Peterson Public Relations and, from 1977-1980, as marketing director for Alaska Repertory Theatre. He holds a masters degree in political science and is a Phi Beta Kappa graduate of Michigan State University. BERNADETTE STECHMAN, ACCOUNT COORDINATOR/STAFF WRITER r Bernadette Stechman's work with Reynolds 8 Lloyd comes after she received a B.A. Degree from the University of Alaska, where she ! majored in Journalism and minored in Public Relations. She served { her internship at Bean Public Relations. Formerly, she had worked as a freelance writer for Alyeske Pipeline, the Anchorage Daily News, MultiVlsions, and SOHIO. She also has a B.A. Degree in Education = '= from Northeastern Illinois University, and has experience in the fields of personnel management and employee relations. t. 4 it 6 J tr. o PROPOSAL CITY OF KENAI PROPOSED BARGE TERMINAL NOVEMBER, 1983 a 't'r TAMS TIPPETTS-ABBETT e Mc CARTHY- STRATTON i A iHMASIUN41.110410#010N 8N(aN November 23, 1983 Mr. John Williams, Chairman Advisory Harbor Commission City of Kenai P.O. Box 580 Kenai, AK 99611 Subject: Proposed Barge Dock - Frederickson Property Dear Mr. Williams: Further to your request of November 16th, please find attached a proposed study plan and cost estimate to investigate the feasibility of construction of a barge dock at the Frederickson property. We have attempted to target the key issues involved and hope that this "broad brush" type of analysis meets your needs at this time. The total estimated cost of the study is $25,269. The staff listed in this proposal are available to begin work on the project immediately following a notice to proceed with the work which we would expect to complete within 12-14 weeks. In the meantime, should you have any questions or comments on the attached proposal please do not hesitate to call. very truly yours, TiPPETTS-ABB TT•McCARTHY-STRATTON P. Perdichizzi, P.E. President cc: NO. J. Brighton, City Manager 4791 OUb114933 PARK BOULEVARD, SUM ONE • ANCHORAGE, ALASKA 99003 - TELEPHONE (907) W2-2822 KENAI BARGE DOCK PRE —FEASIBILITY STUDY INTRODUCTION The Harbor Commission has been offered the opportunity to acquire approximately 15 acres of waterfront land located on the Kenai river immediately upstream of the Salamatof Seafoods processing plant. The owner of the land, Mr. Donald Frederickson has however offered to donate the land contingent upon the City providing financing or finance/construction of a barge unloading facility at the site. The scheme as envisioned by Mr. Frederickson and his associates would involve the construction of a barge dock with landside open cargo storage and transfer facilities, distribution system, possible future rail link and infrastructure. Poten- tial outbound cargoes might include processed seafood and urea while inbound cargoes would include building materials, general and project cargoes (receipts) with destinations in the Penin- oula. Most of these cargoes are currently being handled through Anchorage or Seward. OBJECTIVES Before recommending that the City commit financing or resources to the project the Commission require an indication of the viability of the concept from an economic and engineering standpoint. The following key questions should be addressed. 1 ' 1 A • What is the existing cargo traffic pattern? • What is the range of achievable cargoes that might be diverted from existing facilities and handled at the new facility? • What revenues will be earned? • What form should the development take? • How much will it cost? • How much will operation and maintenance cost? • Will income exceed expenditures or is an operations subsidy required? • Will the facility benefit the community in terms of reduced transportation costs for consumer products? • Will the facility assist in the future growth of Kenai as the favored industrial center for the region? • What financing alternatives are available? We understand that a complete and indepth analysis is neither required nor justified at this stage. Our report should, however, touch upon the principal study objectives outlined above and also give an indication of the timetable and work required to bring the scheme to construction. METHODOLOGY Our study sequence is depicted in the attached flow chart. While it will not be possible within budget and time con- straints to carry out an indepth analysis of each element it is our intent to provide a balanced study with each major compo- nent receiving equal level of analysis. Data Acquisition We have on hand a considerable amount of data relevant to the project. we will draw upon"our ongoing work for Anchorage, Kenai, Homer and Bristol Bay for economic indicators and cargo 2 4 _ POPULATION, ECONOMIC INDICATORS • local e statewide KENAI BARGE TERMINAL PRE FEASIBILITY STUDY FLOW CHART INFORMATION' COLLECTION e engineering a economic a environmental • functional needs *.infrastructure CARGO PROJECTIONS • low e high e most probable Discuss ECONOMIC BENEFITS REVENUE PROJECTIONS "FINANCING. FINANCIAL OPTIONS' FEASIBILITY' I VESSEL/BARGE NAVIGATIONAL ENVIRONMENTAL REQUIREMENTS LIMITATIONS LIMITATIONS 17 FUNCTIONAL 'CONCEPTUAL LAYOUTS REQUIREMENTS o basic • high level of service • future expansion RUN SEDIMENTATION MODEL AND 8USMODEL OPERATIONS �CAPI�TAL08T8 AND MAINTENANCE COSTS TAMS forecasts. Our Seattle office will also obtain input directly from barge carriers currently serving Alaska, almost all of whom are based in the Lower 46. Little, if any, soils or site information exists for the project location. We understand that DOT/PF carried out investigation boreholes some years ago and these could prove to be useful in the analysis. Data from the CH2M Hill boreholes at the boat harbor site and the TAMS bluff erosion studies might also give an indication of ground conditions in the area. Forecasts , Development of a useful cargo base for the project is at best r speculative and it follows that there is a wide range of achievable cargo movements. The actual level of business ' attained will depend very much upon marketing, markets and , competition from other ports such as Anchorage, Homer and Seward. Using a broad brush approach we will provide a three level set of projections for a 20 year period to include: e Low or baseline forecasts e High scenario e Most probable j j Functional Requirements Based on the forecasts and our knowledge of the AlasL,.n ,urge and shipping industry we will provide a set of functional requirements for the facility to include: - - e optimum barge size. e Maximum potential barge size. e Tug bhp, size, etc. e Dock length. 3 All- • Minimum and optimum berth depth. • Navigational requirements (e.g., minimum current, tidal state for entry and exit). • Open and covered storage needs. • Access needs and preferred transportation links. • Utility and infrastructure needs. Conceptual Layouts At the present time it appears that two development options exist: • Dredged basin • Open pier in the river. While the dredged basin offers a protected berth it will also present an ongoing maintenance dredging requirement. Using the Kenai river model developed during the Sedimentation Study we will obtain an estimate of annual siltation rates for a full tide and half tide basin. Conversely, a pier in the river would not require maintenance dredging. However, the dock would be a significant navigation hazard since it would need to be almost at mid channel. Capital costs are also high. Capital, Operations and Maintenance Costs Cost estimates will be based on current bids for waterfront projects, Means cost indices, local information, Alaska Depart- ment of Labor data, and in-house data. Three levels of costs will be provided to meet the range of cargo projections discussed above. 4 . � 1 A v 1 i f _ T i i i� tl Revenues and Benefits In the final analysis the feasibility of the project will depend upon the revenues that will be generated. At worst they should cover operations and maintenance costs, at best they should cover operations and maintenance, provide a return of capital invested and show an adequate profit margin. Revenues will be derived from docking fees, storage and hand- ling charges, ancilliary business developments such as fuel sales or repair facilities. Provision of a barge facility may also provide economic bene- fits which might include: • Direct employment • indirect employment • Creation of new business opportunities • Reduced costs for transportation and consumer goods. A detailed estimate of benefits is not possible within this analysis. We do, however, have on file a considerable amount of information on accepted yardstickefor the relationships between waterborne cargo movements, employment and induced income. These will therefore be included in the study. Financing Options A key element of the study will be our review of financing options for construction and operation of the facility. These range from direct state or federal grants through municipal, revenue or industrial revenue bonds. Private participation is also very much under discussion in the state recently and we will discuss the potential for private participation in the project. 5 l Conclusions All the study elements will be brought together in a set of conclusions indicating the potential feasibility of the pro- ject. In the event that the results show that a development scenario might produce an acceptable return we will provide a program of the required steps necessary to take the project to final construction. PROJECT MANAGEMENT The study will be managed by Mike Horton as a continuation of his association with the ongoing Kenai studies. Paul Sorensen will be senior economist, drawing upon his recent experience in . port planning and marketing studies for the cities of Anchor- ; age, Haines, Ketchikan, and Nome. Gary Schneider has also been involved in the Kenai projects ry- since the outset and will be responsible for the preparation of cargo forecasts and data acquisition. TIMETABLE AND DELIVERABLES The work will require approximately 465 man hours of technical Input. We will submit a working paper on cargo projections and potential revenues four weeks after authorization to proceed, followed by a draft report for review and comment at the 8th week. Production of 25 copies of a final report will follow receipt of comments on the draft. BUDGET We estimate the total cost of the study to be $25#268 as shown In the attached sheet. Since the study period is short we suggest payment be made on a lump sum basis to be billed monthly in a similar manner to the ongoing work on the Kenai Small Boat Harbor project. 6 ! ! 1 SITE STUDIES No site investigation studies will be carried out at this stage. In the event that the project appears to be feasible we will itemize the site investigation program required for final design and construction. ' r �IJ � w g T i KENAI BARGE BERTH : FEASIBILITY STUDY 4 STUDY COST ESTIMATE 1.TECHNICAL SALARIES N44E DISCIPLINE TIME RATE COST (hours) Whr) W n. A. Economics Cl. .. M. HORTON Prof. Manager 15 21.44 322 0. SCHNEIDER Forecasting 45 23.04 1,037 P. SORENSEN Economist 75 15.36 19152 ' Je LYMAN Engineer/Economist 15 15.36 230, Be COX Technician 75 13.76 1j032 Secretariat 20 9.50 190 TOTAL 30963 Be Engineering M. HORTON Prof. Manager 20 21.44 429 A. BALLOFFET Senior Coastal Eng. 15 31.04 466 T. YASUDA Senior Structural 10 22.40 224 D. NORTHEY Structural 30 18.88 566 Re FENTON Civil/Structural 75 16.96 1g272 Draf t I ng 55 10.00 550 Secretarial 15 P.3w 143 TOTAL 3v649 SALARIES TOTAL 7,612 SALARIES OVERHEAD (30%) 2,284 SALARIES COST 91896 MULTIPLIER 2 2.45 24j245 2. EXPENSES Printing etc Shipping Phone$ Misc. Computer Travel Anchorage/Kenai 250 55 225 150 250 TOTAL 930 SERVICE CHARGE 2 1OX 93 EXPENSES COST 1j023 ESTIMATED PROJECT COST 259268 ----------------------- 11 1. WE C.m 77 " . d' Suggested by: City Council CITY OF KENAI RESOLUTION NO. 83-144 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING STATE OF ALASKA FUNOING THROUGII THE GOVERNOR'S BUDGET ON BADLY NEEDED PROJECTS FOR FACILITIES THAT ARE OF AN AREA WIDE NATURE USED EXTENSIVELY BY PEOPLE THROUGHOUT THE STATE OF ALASKA, BUT ARE MAINTAINED, OPERATED, AND SUPPORTED SOLELY BY THE CITY OF KENAI. WHEREAS, there are many facilities inside the City of Kenai that are used extensively by people throughout the Kenai Peninsula, Anchorage, and the State of Alaska, and WHEREAS, these some facilities have unrestricted use and without additional charge to individuals who live outside the City of Kenai, and WHEREAS, these same facilities are maintained, operaL•ed, and supported solely by the City of Kenai even though they are benefiting the State of Alaska and individuals throughout the State, and WHEREAS, the City of Kenai in requesting State of Alaska funding support for the followings 1.) Library Addition - $700,000. The Kenai Community Library s a pub is service facility serving an area of approximately 25,000 people. This facility has 8,000 cardholders with a yearly circulation of 70,000 items. -One half of the cardholders are from outside of the City. The facility In extremely overcrowded and in need of expansion. 2.) Extend Airport Aaron - $29750,0OO. The airport facility pad a Z(jU'0U0 pnselenger uric lani. year with an expected 210,000 this your. Thin is a GO prsrcent increase over the lnst two years. There was 8 to 10•millioa pounds of fish flown into the airport last year from many areas of the Stale. This expansion is needed to prevent over -congestion and/or a catantrephic ucctdenL. This project is in conjunct ion with this Airport Master Plan, Phaso It (17lIU-HS). 3.) Nnrhnr-liulkhnnrl, 1)rrsrlrling, hock - $1,900,1100. This facility will ni!rvice nppruti;metaly 500commercial fishinq vessels providinh fish to 14 arrin procr.suinn pLanta. In addition many plrlrlrure craft and !;nine freight haulers from the lower 4H will havo a ntnrlimj.arr•a in the Kenai area that will accommodate their ihipa for the first time. 1 P F r 1 I L-A n 'A Resolution No. 83-144 4.) Civic Center - $2.125,000. Kenai's population is growing at a rate of about MT per year. Tourism in the area is increasing by 122% per year. Kenai represents the oil center and the fishing center on the Kenai Peninsula and needs a community center to keep pace with its growth. 5.) Extend North Taxiway _at•_Kenai Airport-_$1_,700,000. At the present time, the North 2450 feet of runway 01 does not have a taxiway exit, causing aircraft to "backtrack" when landing on 01 or when taking off from runway 19. This maneuver causes undue delay for landing/departing aircraft, and could conceivably delay the landing of an aircraft experiencing emergency conditions. This project would extend the existing parallel taxiway northward from taxiway "C" and create taxiway "D". This project is in conjunction with the Airport Master Plan, Phase It (1980-85). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai is requesting State of Alaska funding through the Governor's budget on the badly needed projects of: 1.) Library -Addition - $700,000 2.) Extend Airport Apron - $2,750,000 3.) Harbor-Bulkhend, Dredginq, Dock - $1,900,0013 4.) Civic Center - $2,125,n0U 5.) Extend North Taxiway at Kenai Airport - $1,700,000 AND, BE IT FURTHE:Ii RESOLVED, that copies of tlse Resolution bo eent to Governor fill! Sl,erfield, Commissloner Daniel Casey, DOT; Commissioner Harold Raynolsdo, Department of Education; Commissioner Richard Lyon, DuparlmanL• of Commerce and Economic Development and to all members of the 1903-04 Legiolaturo. PASSED BY TliE COUNCIL 017 THE CITY OF KENAI, ALASKA this 31ot day of OCLnhur, 1983. •� loin tilagonr.r, I•lay0/ ATTEST: PA Mary ,4n.i ups: 1.b. Jvaut y City Clerk � Sty KENAI POLICE DEPT. P.O. BOX 3173, KENAI, ALASKA 99611 — - TELEPHONE 283.7879 TO: William Brighton, City Manager FROM: Richard Ross, Chief of Police SUBJECT: Police Department Expansion The proposed expansion and renovation plans and program have previously been submitted. The following Is a summary of considerations that resulted in the pro- posals: Present Facilities The present police department facilities were occupied In 1972. At that time it housed a total of eight (0) employees. At present there are twenty-six (26) em- ployees working in this same area. At present the facilities also house the jail and booking facilities that serve the whole of the central peninsula. When this facility relocates to Wildwood it will still be necessary to maintain a holding facility to assist the court and juvenile division of DOC. The present communications center is Inadequate to handle the ASPIN/NCIC terminal that is being programed for it. At present AST Soldotna provides this function, but due to overloading in its' communication center they have requested that we put our own system in place. The center has also added the area wide Crime Stop- pers function to its responsibilities in the last year. In addition to increase in policing activities and personnel over the years that have resulted in over utilization of present space, area wide functions such as SCAN have further added to the problem. Present facilities are housed in approximately 3600 square feet and provide essen- tially the following work areas: 1) A communications/reception room which also serves as the clerical -file work area. The public stands between the artic entry doors while conducting business. The area is totally inadequate to meet departmental and public needs. 2) There are three offices located in the building. They are overcrowded to the extent that the investigators office serves also as the library, reloading room, evidence processing area, and equipment storage area. The SCAN operations are also conducted out of this office. j, A t.� J P___ __ Il" 3) A multipurpose squad room serves as a patrol work area, training room, conference room, interview area, and employees lunch room. A small evidence safe is located within the facility. It has been necessary to store property in other less secure storage areas of the city because of its small size. 4) The department has no storage facilities. Forms and paper storage is On shelving in the mens restroom. The department also has no private inter- view rooms. Proposed Expansion and Renovation The proposed expansion and renovation addresses the problems encountered with the present facility. 1) The communication center is expanded to more adequately house its func- tions. The security of information from sources such as Crime Stoppers, ' ASPIN/NCIC, and citizen callers is better assured in that the reception area is screened from it. The public has a lobby incorporated into the expansion. 2) Several offices are added in the expansion. The investigation function and SCAN commitment can be better served. Officer overcrowding is relieved. 3) The squad room becomes a patrol work area only. The addition of training conference, interview rooms, and a lunch room area relieve the area of this responsibility. 4) Three jail cells are renovated to meet the evidence storage, processing, and other storage needs. The fourth jail cell will be maintained to serve the area needs as previously stated. Projected Results The expansion and renovation of the department should provide adequate work areas to meet the needs for the next 10-15 years. The citizens of Kenai will be better served and our area wide responsibilities (SCAN, Crime Stoppers, temporary jail holding, etc.) will also be more readily accommodated. Efficiency of operation should be improved with alleviation of personnel and operational overcrowding. ry E . �a f 7 FISH FLY 1983 1. There were approximately 23 large aircraft (over 12,500 lbs) involved in this years fish fly for a total of approximately 450 flights (eat. 40 flights per day during peak). Estimated over 1590009000 lbs. of fish flown in. 2. Passenger departures 1982s 103,686 (total 207v372 thru the terminal). First three quarters 1983: 75,716 enplanements, down 2.4% from same period last year. This can be attributed to Soldotne receiving air service in March 1983. We would have had an estimated 10-15% growth over last year. At the present time there are 56 passenger flight departures to Anchorage per day and 8 to Homer. During the peak summer months there were approximately 70 departures per day to Anchorage. I estimate that during that during the extremely slow months (January, February, March) daily flight frequency will drop to between 45-50 to Anchorage. V .r I. e [F1{� f c CITY OF KENAI 44 to, I.O. {OK NO KlNAI, A/AINA 99611 IMPNON! 213 •7636 Additional information Concerning the Request of Item #39 Harbor Bulkhead, Dredging, and Boat Ramp, City of Kenai Resolution 82-139. The Kenai. Harbor Project has been an on -going concern for the City of Kenai awl regular users for over 20 years. The lack of bonafide harbor facilities require commercial fishermen to petition the Corps of Engineers yearly for anchorage rights in the river, also requiring commercial canneries to participate in the same requirements through the Corps of Engineers. At the present time 'there is no Coast Guard approved fueling facility on the river and as a result the vast number of boats are fueled from makeshift facilities located at various canneries. There presently are no public facilities available to the independent fishermen for offloading their catch thereby forcing them to sell to the established canneries and forcing undue hardships on private markets. The City of Kenai, with an eye toward the future has undertaken the task of developing a regional harbor capable of serving upward of 500 fishing boats now using the Kenai estuary and river systems. in planning for the future, the City of Kenai recognized that in order to establish a stable economy and development of public works projects that will help to enhance and greatly stabilize the economy and serve as a re- newable resource are most important. With these facts in mind the City of Kenai, in 1974 became a recipient of a port facilities grant #204 approved by the voters and the State of Alaska for planning and engineering, acquisition of land, and construction of docking facilities in the sum of $715,000. In addition we received a harbor study municipal grant from the legislature for design and feasibility study of a small boat harbor in the amount of $500,000. In addition to these funds the City of Kenai has also received from the 1982 legislative session an additional $300,000 to expand and repair the boat ramp, install water & Sewer facilities, and preparAtion of additional docking. As a result of the reeiept of these funds, the City of Kenai has entered Into contract for the purchase of land in the amount of $100,000, for engineering services of CH2H Hill for $65,000 and the engineering firm of Tippetts-Abbett-tieCarthy-Stratton in the amount of $265,000 to determine both financial and mechanical feasibility of the harbor systems. 3 it has boon determined that at the present time temporary facilities in the form of a turning basin, repair grids and fueling terminal are feasible and economically feasible. These facilities have been designed and require, to continua, preparation of bidding documents to award certain contracts that have been requested by the Harbor Commission. The Harbor Commission thereby requests from the legislative funding in the amount of $1.75 million for preparation of construction of fueling facilities, turning basin, and repair grids as well as land acquisition contingent upon the needs of the facility. The City of Kenai wishes to emphasize the fact that Kenai's small boat harbor Is being designed with every intention of servicing not only the commercial fishing but the sport and private boating interests as well. It is the city's feeling that the funding would be granted to the City based on the harbor development being a regional benefit to all areas of the peninsula. The harbor facility in the City of Kenai will help to relieve the congestion at Ninilchik and Homer facilities as well. The object of the harbor facility will be, 1) to furnish a safe docking facility for all boating users, 2) to furnish Coast Guard approved fueling facilities for public use, 3) to provide private enterprise with the assist- ance in expanding the economy base of the city through development of fisheries industry, 4) to provide repair grid facilities for intermediate inspection of ships to a length of 100' and to ensure a safe operation of those ships, 5) to relieve the congestion and unsafe conditions as a result of nested commercial fishing boats that face the potential of breaking loose from moorings and becoming floating hazards to all shipping in the area and, 6) to ensure that in years to come financial stability will be enhanced by the creation of this renewable resource industry. r r� 'I. December 199 1983 MEMORANDUM CITY OF KENAI %od Cap" 4 4" F. 0. BOX NO KINAI, ALAINA $9611 TILIPNON! 903 • 7535 TOs Thirteenth Alaska Legislature FROM: Kenai City Council REs Library Expansion The Kenai Community Library is bursting at the seams. There are too many books and too few shelves. If library patrons suddenly returned all of the books now checked out, there would be no place to put them. The existing collection has outgrown the building that houses it. There's no room on the shelves for the 2500 new books,acquired, through purchase or donation, by the library every year. Books are stockpiled in the volunteer lounge and in the work area they cover every exposed surface. The stack area is so full that returning books to their proper place in the collection is a difficult job. Often returning one book to the right spot means shuffling the books on several other shelves. Space in the building is at a premium. Audio-visual equipment is stored in the librarian's office and in the lounge area where it prevents wheelchair access to the only restroom suitable for use by handicapped persons. In addition to being used for equipment storage, the librarian's office houses back issues of local newspapers and a growing collection of genealogicial materials. It also serves as a film room, story room, public typing room and meeting room. It is the only room in the huilding suitable for group meetings. Grounds keeping equipment is stored in the furnace room where it continues to draw the ire of local fire inspectors. More space is needed for the display and long term storage of state documents, magazines and newspapers. Public use areas - for research and reading - are too small. The building lacks a separate activity room for film nights, summer reading programs, club meetings and story hours. I i I Although located in and operated by the City of Kenai, the Kenai Community Library to a regional facility that serves the 25,000 people who reside in the Central Peninsula. Almost half (44 percent) of the library's 8,050 active card holders reside outside Kenai's corporate limits. Use of the library is available to everyone - city taxpayers, borough residents, tourists and transient cannery workers - free of charge. The library is a contributing member of the Alaska Library Network. This means the book collection is available to every other library in Alaska. The Kenai Community Library processes Inter -Library Loan requests for other libraries (school and public) on the Peninsula. It also serves as a repository for a fast growing collection of state documents. The library is heavily used. An average 1,400 people visit the building every week. A story hour for pre-school children attracts 60 or more youngsters every Thursday and more than 140 children, grades 1 through 6, participate in the summer reading program. Weekly film nights and a daily, Alaskans summer film program are well attended. An active writer's group and a growing genealogicial society call the library home. The proposed addition will be designed so that its operation will not require additional staff. Additional shelf and storage space, uncluttered work areas and an activities room for library patrons (freeing the librarian's office for library related work) will increase worker efficiency and enable the library to continue to rely on a dedicated cadre of volunteers. Last year 27 volunteers donated almost 5,000 hours of cost free labor to the library. The existing library is one of the most energy efficient buildings owned by the city. WJ8/dg r � CITY OF KENAI ALASKA 1984-85 CAPITAL IMPROVEMENT non 1cnrc% Kenai City Hall 210 Fidalgo 8t., Kenai AK 99611 (907) 283.7535 REQUEST FOR STATE GRANTS STATE GRANT FUNDING-1990.91 2-020 Care Center $15O,O00 Building Completed 0 8-054 Harbor Study 500.000 Feasibility & Siltation Study 67% Comp. 188,000 2-030 Youth Center 600,000 New Building Completed 0 4-048 Water & Sewer 760,000 Through Section 38 Completed 0 8.055 Road Grid 2,100,000 Fldelgo Subdivision Spur Frontage lid. Completed Completed 0 0 STATE GRANT FUNDING-1981.82 8.283 Road Funds 2,272,000 Candlelight & Linwood Completed 0 & Municipal Aid 2,313,340 N. Dogwood, N. Lupine Phillips Completed 0 Spruce Completed 0 Main St. & Barnacle Completed 0 Forest Or. & Gill Completed 0 Lawton, Tinker Walker, Rodgers Completed O Birch, 41h,1st Completed 0 2nd & 3rd Completed 0 Salltlelds, Youth Center Completed 0 City Park Imp. Completed 0 2.208 Care Center 82.000 Workshop Completed 0 8.282 A.P. Terminal 2,000.000 Expansion & Renovation Completed 0 2.209 Senior Citizen 11000,000 New Building Completed 0 Center STATE GRANT FUNDING-1982.83 t 8-474 Road Funds 2,8110,000 Candlelight, Linwood Completed 0 a Aurora, Kaknu. Klana 0 Municipal Evergreen, Haller Completed 0 Aid 1,113,434 McKinley, 3rd, 41h, 27th 2nd Ave Completed 0 4.480 Parks & Roe. 1001000 Ryane Cr. Park 50% Comp. 0 Ft. Keney Restoration 90% comp. O 7-458 Youth Center 800.000 Gymnasium Completed 0 Phase 2 440 Boat Ramp 300.000 Misc. Improvements Complete 77.000 Imp. STATE GRANT FUNDING-1983.84 8.881 Road Funds 1,487,000 let & 2nd St. Pave Designed 71,000 Thompson Park Designed 708,000 8.742 Road Funds 600.000 Allak, McCollum, Designed 572,000 Cinderella, Fox, Princess, & Linwood Ext. -G f. •r- T- s ram-+, v .. - -• :; _. _ CITY OF KENAI 1984.85 CAPITAL IMPROVEMENT PROJECTS REQUEST FOR STATE GRANT FUNDING ;t y i �Z!l 1. B Police Station Renovation & Addition $814 (Schematics completed) 2. R Stuo Ward, Richfield, Thompson Place • G 300 (Engineering completed) 3. B Library Addition (Schematics completed) 700 4. R S. Highbush, Davidson, Bumblebee, Sao E. Aliak, Swires, Highbush • G 5. R VIP • Lora, Sunrise, Ketch • G 500 6. R Lake, Marine, Granite Point, 900 F.B.O., Main Street Loop • P (Engineering completed) 7. R Spruce, Second, & Third • P S00 (Engineering completed) S. R Old Town • P 400 9. R Robin, Kenaltze, Eagle Rock, Sandpiper, 300 Tern, S. Strawberry • G 10. A.P. & H. Extend Main Apron at the Airport • P 2,750 (Engineering completed) 11. A.P. & H. Harbor/Bulkhead, Dredging, Dock, 1,900 & Fueling Facility 12. R Juliussen, Ames, Barabara, Angler • G 750 U. B Community Center • (Multi --purpose) 2,125 t i lit I ' } t r .'1 r f�. U. A.P. & H. Extend N. Taxiway Airport • P 1.700 15. B Beaver Creek Fire Station 280 is. A.P. & H. Runway Extension at the Airport • P 6,500 17. R Alpine • a 70 18. R Kaknu Way • P 300 19. R Spruce Street • Spur to Beach •P 400 20. P.&.R. R.V. Camper Park • Spruce & Beach 500 21. R Cook Inlet View Drive & Lilac Street • P 600 22. P. & R. Ryan's Creek Trail Extended 100 23. 8 Addition to City Hall 500 This pamphlet was produced under the direction and approval of the Mayor and Council of the City of Kenai. Public meetings were held on September 15, 20, 27 & 29, October 10, 12,13, 21, 25, 26, 27,28 & 31; November 2, 4, 8, 9,18, 21 & 30. The Mayor and the Council of the City of Kenai pledge their affirmative vote for maintenance and operational costs of the projects listed. Resolution No. 83.156 of the City of Kenai adopted this 1984.05 Capital Improvements Priority List. ti